Home/Case Law/MARIA FLORES, CATALINA VACA, DORA ALVITER, GERARDO CARRILLO, MARIA GUTIERREZ vs. KAR AUCTION SERVICES dba ADESSA, INC., ZURICH NORTH AMERICA c/o GALLAGHER BASSETT
Regular DecisionWorkers' Compensation

MARIA FLORES, CATALINA VACA, DORA ALVITER, GERARDO CARRILLO, MARIA GUTIERREZ vs. KAR AUCTION SERVICES dba ADESSA, INC., ZURICH NORTH AMERICA c/o GALLAGHER BASSETT

Filed: May 22, 2013
Anaheim
ADJ8113628; ADJ8123365; ADJ8121680; ADJ8121687; ADJ8121688; ADJ8133503; ADJ8113033; ADJ8113113; ADJ8113357

CompFox AI Summary

The Appeals Board granted the applicant's Petition for Removal, rescinding the prior consolidation order. The Board found that despite common employer and last date of work, individual cumulative trauma claims involving different body parts and injury dates necessitate separate medical evaluations. Post-termination defenses also require individualized determinations of disability and knowledge for each applicant. Therefore, the Board concluded there are insufficient common issues of law or fact to justify consolidating these diverse claims.

Full Decision Text1 Pages

The Appeals Board granted the applicant's Petition for Removal, rescinding the prior consolidation order. The Board found that despite common employer and last date of work, individual cumulative trauma claims involving different body parts and injury dates necessitate separate medical evaluations. Post-termination defenses also require individualized determinations of disability and knowledge for each applicant. Therefore, the Board concluded there are insufficient common issues of law or fact to justify consolidating these diverse claims.

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