Home/Case Law/REYNA I. SANCHEZ vs. UNILEVER, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ALBERTO CULVER COMPANY, ACE AMERICAN INSURANCE
Regular DecisionReconsideration

REYNA I. SANCHEZ vs. UNILEVER, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ALBERTO CULVER COMPANY, ACE AMERICAN INSURANCE

Filed: Aug 25, 2017
Van Nuys
ADJ8059450

CompFox AI Summary

The WCAB granted reconsideration and rescinded the WCJ's decision to allow further proceedings. The employer's stipulation of employment for the entire cumulative trauma period was invalid as they only represented one insurer. Crucially, the date of injury must be determined under Labor Code § 5412 to establish liability under § 5500.5 for the correct employer(s). The applicant's election against Unilever was permissible under § 5500.5(c), and any future awards for jointly liable employers must be joint and several.

Full Decision Text1 Pages

The WCAB granted reconsideration and rescinded the WCJ's decision to allow further proceedings. The employer's stipulation of employment for the entire cumulative trauma period was invalid as they only represented one insurer. Crucially, the date of injury must be determined under Labor Code § 5412 to establish liability under § 5500.5 for the correct employer(s). The applicant's election against Unilever was permissible under § 5500.5(c), and any future awards for jointly liable employers must be joint and several.

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