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

Case No. ADJ8059450
Regular
Aug 25, 2017

REYNA I. SANCHEZ vs. UNILEVER, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ALBERTO CULVER COMPANY, ACE AMERICAN INSURANCE

The WCAB granted reconsideration and rescinded the WCJ's decision to allow further proceedings. The employer's stipulation of employment for the entire cumulative trauma period was invalid as they only represented one insurer. Crucially, the date of injury must be determined under Labor Code § 5412 to establish liability under § 5500.5 for the correct employer(s). The applicant's election against Unilever was permissible under § 5500.5(c), and any future awards for jointly liable employers must be joint and several.

Workers Compensation Appeals BoardUnileverBroadspireAlberto CulverACE American InsuranceSecond Amended Findings and AwardPetition for ReconsiderationLabor Code Section 5412Date of InjuryCumulative Trauma
References
0
Case No. ADJ1837519 (STK 0168027)
Regular
Dec 06, 2013

MARCELA CASTREJON vs. UNILEVER, permissibly self-insured, administered by BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order dismissing Dr. Amaral's lien for failure to object to a notice of intention. The Board found that Dr. Amaral's representative reasonably relied on advice from a WCAB employee that no objection was necessary. Furthermore, the Board considered Dr. Amaral's efforts to address scheduling conflicts and his prior correspondence as sufficient cause for his failure to appear. Consequently, the Board rescinded the dismissal order and returned the matter for further proceedings on the lien's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersLien ClaimantDismissal of LienNotice of Intention to Dismiss LienWCJStipulated AwardDeclaration of Readiness to ProceedLien Conference
References
0
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