WCPanelIQ
PanelGranted

Aguero, Alma

ALMA AGUERO, Applicant vs. BRIAN HUNT DPI, INC.; CHECKMATE STAFFING INC.; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ121643
Decision date
Apr 15, 2024
District office
Long Beach
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5313CCR §10382CCR §10507CCR §10787CCR §10832CCR §10955

Summary

Defendant Luis Perez sought removal of a WCJ's December 16, 2021 Order joining him and two other substantial shareholders (Laurie Holcomb and Liz Waldo) to a workers' compensation case at UEBTF's request. Perez, who was unrepresented when the petition for joinder was served, filed his objection 18 days later (beyond the 10-day window plus 5-day mailing extension under WCAB Rules), and the WCJ issued the joinder order without considering any objection or holding a hearing. The Appeals Board found that although the WCJ was not technically required to issue a notice of intention since the petition was served directly on Perez, the better practice would have been to do so to avoid confusion for an unrepresented party. The Board emphasized due process concerns and the absence of any hearing, minutes, stipulations, identified evidence, or opinion on decision, making meaningful review impossible. The Board granted removal, rescinded the joinder order, and returned the matter to the trial level for further proceedings.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.