Home/Case Law/STEPHEN MCCARTY vs. FCI CONSTRUCTORS, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionRegular Panel Decision

STEPHEN MCCARTY vs. FCI CONSTRUCTORS, ZURICH AMERICAN INSURANCE COMPANY

Filed: Mar 09, 2023
Santa Ana
ADJ2919928

CompFox AI Summary

This case involves a Serious and Willful misconduct (S&W) petition filed by the applicant. The employer (FCI) and a third party (FWI) sought reconsideration of an order, arguing the S&W petition was time-barred and that the administrative law judge (WCJ) should have addressed this issue before joinder of additional parties. The Appeals Board vacated its prior order granting reconsideration, dismissed the reconsideration petitions as non-final, and denied removal. The Board found no substantial prejudice or irreparable harm from proceeding with joinder issues before the statute of limitations defense to the S&W petition.

Full Decision Text1 Pages

This case involves a Serious and Willful misconduct (S&W) petition filed by the applicant. The employer (FCI) and a third party (FWI) sought reconsideration of an order, arguing the S&W petition was time-barred and that the administrative law judge (WCJ) should have addressed this issue before joinder of additional parties. The Appeals Board vacated its prior order granting reconsideration, dismissed the reconsideration petitions as non-final, and denied removal. The Board found no substantial prejudice or irreparable harm from proceeding with joinder issues before the statute of limitations defense to the S&W petition.

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STEPHEN MCCARTY vs. FCI CONSTRUCTORS, ZURICH AMERICAN INSURANCE COMPANY (2023) – Santa Ana | CompFox