WCPanelIQ
PanelDenied

Thomas, Leroy

LEROY THOMAS, Applicant vs. COUNTRYWIDE ROUTER & PLUMBING; NORGUARD INSURANCE COMPANY, Defendants

ADJ number
ADJ12634852
Decision date
Apr 24, 2024
District office
Van Nuys
WCJ
Mark S. Polan
Claim administrator
Norguard Insurance Company
Commissioners
—
LC §5952CCR §2261CCR §2262CCR §10914CCR §10995

Summary

Leroy Thomas, a sole proprietor doing business as Countrywide Router & Plumbing, claimed a specific injury on August 30, 2019. The dispute proceeded to arbitration solely on whether Thomas was covered under the Norguard Insurance Company workers' compensation policy. The arbitrator found Thomas was covered because the Certificate of Liability Insurance did not indicate any proprietor exclusion, and the policy contained no Insurance Commissioner-approved limiting endorsement excluding him. Defendant sought reconsideration, arguing the policy was not endorsed to cover a sole proprietor and relying on a California Workers Compensation Application showing exclusion. The WCAB affirmed, adopting the arbitrator's Report, and held that absent a pre-approved limiting endorsement, the policy was not limited and Thomas was covered.

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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