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PanelGranted

Shaffer, Mark

MARK SHAFFER, Applicant vs. XCEL MECHANICAL SYSTEMS INC./ACCO ENGINEERED SYSTEMS; LIBERTY MUTUAL INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ16953633
Decision date: Mar 19, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Liberty Mutual Insurance Company; Zurich American Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5804LC §5313LC §5903LC §5952CCR §10382CCR §10832CCR §10517CCR §10617

Summary

Liberty Mutual served an Amended Petition for Dismissal of Liberty Mutual for Lack of Coverage and Petition for Joinder of Zurich. The WCJ issued an Order joining Zurich as a party defendant in ADJ16953635 and dismissing Liberty Mutual just 26 days after the petition, without issuing a Notice of Intention or setting the matter for hearing. Zurich petitioned for reconsideration, arguing Labor Code section 5804 barred its joinder more than five years from the date of injury. The Board granted reconsideration, finding there was no evidentiary record upon which to evaluate the joinder/dismissal and that the parties were denied due process. The Board rescinded the January 3, 2024 Order and returned the matter to the trial level for the WCJ to prepare an adequate record consistent with section 5313 and Hamilton.

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.