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PanelMed-legalDismissed

Viera, Fredy

FREDY VIERA, Applicant vs. SQUARE H. BRANDS; AMTRUST NORTH AMERICA; STAR INSURANCE COMPANY administered by MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ8593038
Decision date: Aug 22, 2024
District office: Los Angeles District Office
WCJ: —
Claim administrator: Meadowbrook Insurance Group (administering Star Insurance Company); AmTrust North America
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §4628LC §5900CCR §10606

Summary

Defendant Republic Underwriters Insurance Company sought reconsideration of a January 26, 2024 Findings and Order issued by a workers' compensation arbitrator that denied Republic's Petition for Contribution against Star Insurance Company and found two AME reports from Dr. Philip Kanter inadmissible. However, Republic had previously filed a Petition for Reconsideration of the same F&O, which the Board granted in an April 22, 2024 Opinion and Order, rescinding the January 26, 2024 F&O and returning the matter to the trial level. Because the WCA had not yet issued a new Findings and Order following the rescission, there was no final decision for the Board to reconsider. The Board concluded that Republic was not an aggrieved party under Labor Code section 5900(a) and dismissed the June 26, 2024 Petition.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.