WCPanelIQ
PanelGranted

Ramos, Walter

WALTER RAMOS, Applicant vs. 99 CENTS ONLY STORES, in liquidation; SELF-INSURER’S SECURITY FUND, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number
ADJ19245370
Decision date
Mar 10, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Tristar Risk Management (administering the Self-Insurers' Security Fund)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §3701.5LC §3743LC §5307.5LC §5313LC §5903LC §5952LC §132aLC §3706LC §4553LC §4554LC §4556LC §4557LC §4558LC §4601.5LC §5814LC §5814.1CCR §10380CCR §10382CCR §10832CCR §10843

Summary

Walter Ramos claimed an industrial injury while employed by 99 Cents Only Stores, a permissibly self-insured employer that subsequently declared bankruptcy and entered liquidation. The Self-Insurers' Security Fund (SISF), administered by Tristar Risk Management, filed a petition to join itself as a party defendant along with a petition for change of administrator and notice of representation. The WCJ denied the petition for joinder, reasoning that SISF steps into the shoes of the insolvent self-insurer (analogous to CIGA) and need only file a notice of change of administrator rather than seek formal joinder. SISF sought removal, arguing a formal order of joinder is required to participate. The Appeals Board granted removal, finding the WCJ summarily denied the petition without a notice of intention or hearing, violating due process. The Board rescinded the December 6, 2024 Order and returned the matter to the trial level for further proceedings.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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