WCPanelIQ
PanelDenied

Flores Lopez, Mariano

MARIANO FLORES LOPEZ, Applicant vs. ALEY & L GROUP CORPORATION, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ17607195
Decision date
Sep 26, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5275CCR §10955

Summary

Applicant Mariano Flores Lopez filed a workers' compensation claim against Aley & L Group Corporation, Barrett Business Services, Inc., ACE American Insurance Company, with an insurance coverage dispute pending arbitration. A petitioner sought removal arguing the WCJ must await the arbitrator's coverage decision before proceeding to trial. The Appeals Board denied removal, finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board clarified that the coverage dispute (subject to arbitration under Labor Code section 5275(a)(1)) is distinct from determinations of employment, injury, and benefits, which the WCJ can decide. The Board recommended returning the matter to the trial calendar, noting parties found liable could be named jointly and severally with one designated administrator and disputes over benefits addressed via petition for reimbursement.

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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