Home/Case Law/JOSE AGUILAR vs. DAVALAN SALES, VIRGINIA SURETY COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, GOLDEN EAGLE INSURANCE COMPANY
Regular DecisionReconsideration

JOSE AGUILAR vs. DAVALAN SALES, VIRGINIA SURETY COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, GOLDEN EAGLE INSURANCE COMPANY

Filed: Sep 17, 2012
San Francisco
ADJ1234371 (LAO 0785447) ADJ2536321 (LAO 0863778)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration due to a failure to properly serve Clarendon National Insurance Company. This procedural defect, specifically the lack of a required proof of service, is grounds for dismissal under California regulations. Had the petition not been dismissed, the Board would have denied it based on the administrative law judge's original findings. The applicant had sought reconsideration of findings regarding industrial injuries and disability assessments for multiple injury dates and insurers.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration due to a failure to properly serve Clarendon National Insurance Company. This procedural defect, specifically the lack of a required proof of service, is grounds for dismissal under California regulations. Had the petition not been dismissed, the Board would have denied it based on the administrative law judge's original findings. The applicant had sought reconsideration of findings regarding industrial injuries and disability assessments for multiple injury dates and insurers.

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