WCPanelIQ
PanelGranted in Part

Rodriguez, Laura

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

ADJ number
ADJ19199519
Decision date
Feb 17, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Self-Insurer's Security Fund, administered by Tristar Risk Management
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §59LC §3701.5LC §3743LC §5307.5LC §5313LC §5900LC §5902LC §5903LC §5909LC §5952LC §132aLC §3706LC §4553LC §4554LC §4556LC §4557LC §4558LC §4601.5LC §5814LC §5814.1CCR §10380CCR §10600CCR §10832CCR §10843

Summary

Laura Rodriguez claimed multiple injuries while working for 99 Cents Only Stores, a permissibly self-insured employer that subsequently entered liquidation. The Self-Insurers' Security Fund (SISF), administered by Tristar Risk Management, filed a petition to join itself as a party defendant, but the WCJ denied joinder on December 2, 2024, finding that SISF need only file a notice of change of administrator rather than seek formal joinder. SISF sought reconsideration and/or removal. The Appeals Board dismissed the petition for reconsideration because the denial of joinder was a non-final, interlocutory order, but treated the petition as one for removal, granted removal, rescinded the WCJ's order, and returned the matter to the trial level because the WCJ summarily denied joinder without a notice of intent or a hearing, violating due process and Section 5313.

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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