Home/Case Law/PEDRO BANDERAS vs. WELK RESORT OF SAN DIEGO, EMPLOYERS DIRECT INSURANCE COMPANY
Regular Decision

PEDRO BANDERAS vs. WELK RESORT OF SAN DIEGO, EMPLOYERS DIRECT INSURANCE COMPANY

Filed: Dec 05, 2008
ADJ1431147 (SDO 0364329)

CompFox AI Summary

Defendant's petition for reconsideration and removal is dismissed because they failed to serve the California Employment Development Department (EDD) with the petition, violating procedural requirements. Even without the procedural defect, the Board would have denied the petition on its merits based on the WCJ's findings. The WCJ previously awarded applicant temporary disability benefits and penalties, finding an industrial injury and continued need for medical treatment, despite defendant's arguments regarding applicant's termination for drug test non-cooperation.

Full Decision Text1 Pages

Defendant's petition for reconsideration and removal is dismissed because they failed to serve the California Employment Development Department (EDD) with the petition, violating procedural requirements. Even without the procedural defect, the Board would have denied the petition on its merits based on the WCJ's findings. The WCJ previously awarded applicant temporary disability benefits and penalties, finding an industrial injury and continued need for medical treatment, despite defendant's arguments regarding applicant's termination for drug test non-cooperation.

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