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

Case No. ADJ1224922 (MON 0333643) ADJ2871289 (MON 0333644) ADJ6748036

Regular

Jan 21, 2010

MARIA CUPIDO (DECEASED) vs. HEALTHCARE SERVICES GROUP, INC., ZURICH NORTH AMERICA

This case involves a dispute over the appointment of a guardian ad litem (GAL) for the deceased worker's dependents. The defendant sought removal of an ex parte GAL order obtained by one claimant's counsel while another claimant's GAL petition was pending. The Appeals Board granted removal and rescinded the GAL order, finding it invalid on its face and noting questionable conduct by the petitioner's counsel. The matter is remanded for a proper determination of the appropriate GAL for the dependent.

Petition for removalGuardian ad LitemTrusteeEx parteSubstitution of attorneysApplication for Adjudication of ClaimDeath caseDependentWCJRescinded

References

Case No. ADJ1091802 (SBR 0342159)

Regular

Nov 09, 2010

GEORGE QUINN, JR., et al vs. VISTAR MANAGEMENT, ZURICH AMERICAN, administered by GALLAGHER BASSETT SERVICES, INCORPORATED

This case involved a deceased worker whose family sought death benefits, claiming partial dependency. The Workers' Compensation Appeals Board denied reconsideration of the prior award, which found no dependents and allocated the benefit to the state. The majority ruled that the decedent's financial contributions and household chores did not exceed the cost of his own living expenses or constitute support. However, one commissioner dissented, arguing for remand to determine if the decedent's personal care for his grandmother constituted extraordinary services qualifying as support.

Death benefitdependentspartial dependencycommunity livingfamily potcontributionsstandard of livingsupport paymentsadult childDeceased employee

References

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MARIA CUPIDO (DECEASED) vs. HEALTHCARE SERVICES GROUP, INC., ZURICH NORTH AMERICA

Petition for removalGuardian ad LitemTrusteeEx parteSubstitution of attorneysApplication for Adjudication of ClaimDeath caseDependentWCJRescinded

GEORGE QUINN, JR., et al vs. VISTAR MANAGEMENT, ZURICH AMERICAN, administered by GALLAGHER BASSETT SERVICES, INCORPORATED

Death benefitdependentspartial dependencycommunity livingfamily potcontributionsstandard of livingsupport paymentsadult childDeceased employee