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Case No. ADJ8944426, ADJ8942895

Regular

Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

This case involves two consolidated workers' compensation claims by David Poshoglyan against Holliday Rock Company, Inc., and its insurers. The Workers' Compensation Appeals Board denied petitions for reconsideration filed by both defendant insurers. The Board adopted the reasoning of the Workers' Compensation Judge, who found that Applicant's exhibits were properly admitted despite service objections. The WCJ also concluded that even if the exhibits were excluded, the defendants' own evidence supported findings of injury arising out of and in the course of employment.

AOE/COEPetition for ReconsiderationWCJ ReportApplicant ExhibitsDue ProcessHarmless ErrorExcusable NeglectStipulated Dates of InjuryDepositionsApportionment

References

Case No. ADJ8944426, ADJ8942895

Regular

Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report

References

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DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

AOE/COEPetition for ReconsiderationWCJ ReportApplicant ExhibitsDue ProcessHarmless ErrorExcusable NeglectStipulated Dates of InjuryDepositionsApportionment

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report