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Case No. ADJ9699614

Regular

Nov 28, 2016

KALILEA TAFENGATOTO vs. STATE OF CALIFORNIA-IHSS

The Appeals Board granted removal of an Order taking a matter off calendar regarding California Insurance Company's (CIC) joinder. CIC was improperly joined as a defendant, and its timely objection was voided without a hearing, denying due process. This deprivation caused significant prejudice and irreparable harm, making reconsideration an inadequate remedy. The matter is returned to the trial level for further proceedings on CIC's joinder.

Petition for RemovalOrder Taking Off CalendarJoinder OrderJoint EmploymentObjectionGood CauseDue ProcessFair HearingReconsiderationRescind

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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KALILEA TAFENGATOTO vs. STATE OF CALIFORNIA-IHSS

Petition for RemovalOrder Taking Off CalendarJoinder OrderJoint EmploymentObjectionGood CauseDue ProcessFair HearingReconsiderationRescind

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