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PanelMed-legalGranted

Viera, Fredy

FREDY VIERA, Applicant vs. SQUARE H BRANDS; AMTRUST NORTH AMERICA STAR INSURANCE CO. ADMINISTERED BY MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ8593038
Decision date: Date unavailable
District office: Los Angeles
WCJ: Robert E. Drakulich (Arbitrator)
Claim administrator: Meadowbrook Insurance Group (administering for AmTrust North America / Star Insurance Co.)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5952CCR §10914CCR §10995

Summary

Defendant AmTrust North America sought reconsideration of a workers' compensation arbitrator's January 26, 2024 Findings and Order denying its petition for contribution against co-defendant Star Insurance Company. AmTrust argued the arbitrator erred by not admitting the AME's medical evidence and that the apportionment opinion was not based on substantial evidence. The Appeals Board found that it could not conduct meaningful review because the arbitration record forwarded to it was incomplete, lacking any identification of stipulations and issues at trial, and the arbitrator had been unable to list all exhibits at the October 16, 2023 hearing. Relying on due process principles and the requirements of WCAB Rules 10914 and 10995, the Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.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.

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.