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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10295534

Regular

Jul 19, 2013

JOSHUA HORN vs. WALMART STORES, INC., ACE AMERICAN INSURANCE COMPANY, YORK RISK SERVICES GROUP, INC.

This case involves an applicant's petitions for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied reconsideration, adopting the report of the Workers' Compensation Administrative Law Judge (WCALJ) which found the applicant failed to prove serious and willful misconduct or discrimination. The applicant's petitions were procedurally deficient, lacking verification and specific grounds for reconsideration. The WCAB also noted that the applicant's supplemental filings were not timely or properly submitted.

Petition for ReconsiderationDenying PetitionWCJ's ReportCredibility DeterminationSupplemental PleadingWCAB Rule 10848Labor Code Section 5902VerificationDisqualify WCJLabor Code Section 5311

References

Case No. ADJ10337348 ADJ10295534

Regular

Apr 17, 2019

Joshua Horn vs. Walmart Stores, Inc., and Ace American Insurance Company administered by York Risk Services, Group, Inc.

Walmart sought to introduce evidence excluded by a WCJ's order, arguing prejudice due to a clerical error in serving the Board. The WCAB dismissed Walmart's "petition" because it was an unverified letter to the WCJ, not a properly filed petition for removal or reconsideration. The Board found no petition was properly before them and therefore dismissed it.

Petition for RemovalWorkers' Compensation Appeals BoardWCJundue prejudiceclerical errorpetition for reconsiderationunverified letterLabor Code § 5902documentary evidencepre-trial order

References

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JOSHUA HORN vs. WALMART STORES, INC., ACE AMERICAN INSURANCE COMPANY, YORK RISK SERVICES GROUP, INC.

Petition for ReconsiderationDenying PetitionWCJ's ReportCredibility DeterminationSupplemental PleadingWCAB Rule 10848Labor Code Section 5902VerificationDisqualify WCJLabor Code Section 5311

Joshua Horn vs. Walmart Stores, Inc., and Ace American Insurance Company administered by York Risk Services, Group, Inc.

Petition for RemovalWorkers' Compensation Appeals BoardWCJundue prejudiceclerical errorpetition for reconsiderationunverified letterLabor Code § 5902documentary evidencepre-trial order