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Case No. ADJ7683010

Regular

Apr 26, 2012

MARIA CERVANTES vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board dismissed IKEA's petition for reconsideration because the employer failed to serve lien claimants with the petition. The employer argued the applicant's injury did not arise out of employment under the "going and coming" rule, but this issue was overshadowed by the procedural defect. Furthermore, the Board admonished defense counsel for attaching an irrelevant news article to the petition, which was not part of the official record. Therefore, the petition was dismissed due to improper service and the introduction of extraneous documents.

going and coming ruleHinojosa exceptionscourse of employmentPetition for ReconsiderationWCJdefective servicelien claimantsM.C.A.Inc.Lab. Code § 5903(d)

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