WCPanelIQ
PanelLienDenied

Albarran Morales, Ismael

ISMAEL ALBARRAN MORALES, Applicant vs. COSMIC CONCEPTS dba MEDIA STAR PROMOTIONS; SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA, administered by BROADSPIRE SERVICES, INC., Defendants

ADJ number
ADJ14628621
Decision date
Jan 2, 2025
District office
San Diego
WCJ
—
Claim administrator
Broadspire Services, Inc.
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral hips, knees, neck, back, right arm, pelvis, psyche

LC §3700LC §5909

Summary

The WCAB denied petitions for reconsideration filed by employer Cosmic Concepts and its insurer Selective Insurance, affirming the WCA's finding that the employer was illegally uninsured at the time of applicant's October 29, 2020 industrial injury in California. Selective Insurance admitted it was not licensed or authorized to write workers' compensation insurance in California. The Board held that while an out-of-state policy may provide extraterritorial coverage for employees temporarily working in California, such coverage does not extend to permanent employees like applicant, who had been working in California for 90 days at the time of injury. The Board distinguished the case from Hunter and Watkins, which involved temporary workers (professional athletes), and upheld the WCA's determination that applicant was a permanent employee who could not be covered under the extraterritorial provisions of the out-of-state policy.

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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