WCPanelIQ
PanelRemanded

Ishal, Mashallah

MASHALLAH ISHAL (Deceased), Applicant vs. PARAMOUNT 98 + 1 CENT ONLY STORE; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11387661
Decision date
Jul 23, 2024
District office
Van Nuys
WCJ
G. Ronald Feenberg
Claim administrator
State Compensation Insurance Fund
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER
LC §5952CCR §10995CCR §10914

Summary

Applicant Mashallah Ishal (deceased), an employee and sole proprietor of Paramount 98 + 1 Cent Only Store, was the subject of a coverage dispute regarding whether the State Compensation Insurance Fund (SCIF) policy covered him. A workers' compensation arbitrator (WCA) found on May 7, 2021 that SCIF was the insurer and that its policy covered applicant. SCIF sought reconsideration, contending the policy clearly excluded applicant as an insured. The Appeals Board did not reach the merits because the arbitration file was never completed in EAMS as required by WCAB Rule 10995, leaving an incomplete record that precluded meaningful review. The Board rescinded the Findings of Fact and returned the matter to the trial level.

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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