WCPanelIQ
PanelRemanded

Beltran, David

DAVID BELTRAN, Applicant vs. BURGIO STUCCO, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11306542
Decision date
Apr 4, 2024
District office
San Diego
WCJ
Jim Hopkins
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5952CCR §10995CCR §10914

Summary

Defendant Burgio Stucco, Inc., sought reconsideration of an arbitrator's Findings and Order finding that SCIF's policy rescission with Burgio was valid, that applicant should pursue other eligible entities, and that SCIF could recover funds paid prior to denial. Burgio contended the policy contained no rescission clause and that SCIF acted in bad faith and should be estopped from denying coverage. The Appeals Board found it could not conduct meaningful review because the arbitrator never completed filing of the complete arbitration file in EAMS as required by WCAB Rule 10995. Citing due process principles and the requirement that decisions rest on a complete, ascertainable record, the Board rescinded the arbitrator's decision and returned the matter to the trial level. Any aggrieved party may seek reconsideration once a new decision issues.

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.