Home/Case Law/CARL HORTON vs. LAYNE CHRISTENSEN COMPANY, AIMS
Regular DecisionReconsideration and Removal

CARL HORTON vs. LAYNE CHRISTENSEN COMPANY, AIMS

Filed: Mar 23, 2010
ADJ2733588 (RIV 0074361)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration, as the administrative law judge's order dismissing the prior insurer was an interlocutory procedural order, not a final decision. The Board also denied the employer's petition for removal, finding no irreparable harm or prejudice. This was because the applicant's cumulative injury occurred during the employer's coverage period, which falls within the last year of injurious exposure under Labor Code section 5500.5. Therefore, the prior insurer's involvement was deemed unnecessary for determining liability in this specific case.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration, as the administrative law judge's order dismissing the prior insurer was an interlocutory procedural order, not a final decision. The Board also denied the employer's petition for removal, finding no irreparable harm or prejudice. This was because the applicant's cumulative injury occurred during the employer's coverage period, which falls within the last year of injurious exposure under Labor Code section 5500.5. Therefore, the prior insurer's involvement was deemed unnecessary for determining liability in this specific case.

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