Home/Case Law/HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY
Regular DecisionReconsideration

HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY

Filed: Oct 07, 2015
Bakersfield
ADJ8608456 MF ADJ8608504 ADJ8523009 ADJ8551858 ADJ8609068

CompFox AI Summary

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

Full Decision Text1 Pages

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

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