WCPanelIQ
PanelGranted

Sanabria Briceno, Julieta Concepcion

JULIETA CONCEPCION SANABRIA BRICENO, Applicant vs. RIGHT CHOICE STAFFING, INC.; ROYALTY EMPLOYMENT, INC.; COMMAND PACKAGING; GREAT AMERICAN INSURANCE COMPANY; KEYS HR, LLC.; SAMUEL HALE, LLC; CLEAR SPRING PROPERTY & CASUALTY CO.; STATE NATIONAL INSURANCE COMPANY, et al., Defendants

ADJ number
ADJ15072799
Decision date
Dec 16, 2024
District office
Los Angeles
WCJ
Robert Drakulich (Arbitrator)
Claim administrator
Strategic Comp (administrator for Great American Insurance Company, insurer of Command Packaging, LLC)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER
LC §112LC §115LC §5272LC §5301LC §5315LC §5701LC §5900LC §5901LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952CCR §10205.12CCR §10320CCR §10330CCR §10605CCR §10914CCR §10995

Summary

Defendant Command Packaging, LLC (insured by Great American, administered by Strategic Comp) sought reconsideration of an arbitrator's October 8, 2024 Findings and Order which found applicant was not a covered employee under Clear Spring and State National insurance policies and dismissed those carriers, Key HR, and Samuel Hale as party defendants. The Appeals Board found it could not conduct meaningful review because the arbitration record was incomplete—lacking the arbitrator's Report, minutes of hearing, summary of evidence, stipulations, issues, and proper identification of parties as required by WCAB Rule 10914(c). The Board granted reconsideration and issued a Notice of Intention to rescind the arbitrator's decision unless the complete record per WCAB Rule 10995(c)(3) is filed in EAMS within 30 days (plus 5 days for mailing). The Board emphasized that due process and substantial justice require an ascertainable and adequate record for meaningful review.

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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