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

Case No. ADJ7959316

Regular

Sep 25, 2012

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

Workers' Compensation Appeals BoardPraetorian Insurance CorporationAvizentCalifornia Insurance Companycumulative injurystroketransportation driverinsurance coverage disputearbitrationLabor Code section 5275

References

Case No. ADJ7959316 ADJ8228747

Regular

Jul 05, 2018

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, DEPENDABLE CARE AMBULANCE, SUSSEX INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address defendant California Insurance Company's (CIC) contentions. CIC disputes the arbitrator's finding that applicant was not employed by Dependable Care Ambulance and argues that certain insurance policies should provide coverage under equitable principles. The Board found the arbitrator's decision lacked an adequate evidentiary record, specifically noting the failure to admit and clearly identify documentary evidence. Therefore, the matter is returned to the arbitrator to create a complete record before issuing a new decision.

ADJ7959316ADJ8228747Dependable Care TransportationDependable Care AmbulanceCalifornia Insurance CompanyPraetorian Insurance CompanySussex Insurance CompanyPetition for ReconsiderationArbitratorLabor Code Section 5500.5

References

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ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, DEPENDABLE CARE AMBULANCE, SUSSEX INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, PRAETORIAN INSURANCE COMPANY