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PanelDenied

Estrada, Hector

HECTOR ESTRADA, Applicant vs. EMPLOYER HR LLC, PERSONNEL STAFFING GROUP LLC DBA KBS STAFFING, GOBBLE INC, SCHAEFER SYSTEMS INTERNATIONAL, HEDY HOLMES STAFFING SERVICES; ZURICH SACRAMENTO, PRIME ADMINISTRATORS, MITSUI SUMITOMO, GALLAGHER BASSETT, Defendants

ADJ number: ADJ13280143
Decision date: Date unavailable
District office: Oakland
WCJ: —
Claim administrator: Zurich American Insurance Company
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5275LC §5500.5LC §5272LC §5271LC §5300CCR §10955CCR §10382CCR §10900

Summary

Defendant Zurich American Insurance Company sought removal from an October 23, 2023 WCJ order that took the matter off calendar and directed the parties to proceed with arbitration on a contribution dispute. Zurich had requested a hearing to compel two previously joined parties to appear and argued that joinder and proper-party issues do not fall under arbitration. The WCJ found the sole issue was contribution, over which the WCJ lacked jurisdiction, and ordered arbitration. The Appeals Board agreed that contribution disputes are subject to mandatory arbitration under Labor Code section 5275(a)(2), while the WCJ retains authority to join necessary parties under Rule 10382. Finding no substantial prejudice or irreparable harm and that arbitration was the proper forum, the Board denied the Petition for Removal.

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.