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PanelRemanded

Moran, Joaquin

JOAQUIN MORAN, Applicant vs. HITCHCOCK AUTOMOTIVE RESOURCES, INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ10356268
Decision date: Jul 23, 2024
District office: Los Angeles
WCJ: Mark Polan (Arbitrator)
Claim administrator: Insurance Company of the West; Public Service Mutual Insurance Company (Magna Carta)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cumulative trauma

LC §5952CCR §10995CCR §10914

Summary

Joaquin Moran allegedly sustained a cumulative trauma injury during the period November 23, 2010 through November 23, 2011. An arbitrator (WCA) issued a Findings and Award on January 6, 2022, finding defendant Magna Carta (Public Service Mutual Insurance Company) liable for coverage. Magna Carta sought reconsideration, asserting it was never properly served with hearing or arbitration notices. The Appeals Board found it could not conduct meaningful review because the arbitrator never forwarded a Report on Reconsideration nor filed the complete arbitration file in EAMS as required by WCAB Rule 10995. The Board rescinded the Findings and Award and returned the matter to the trial level for further proceedings.

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.

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.