WCPanelIQ
PanelGranted

Fuentes Carillo, Israel

ISRAEL FUENTES CARILLO, Applicant vs. ALL AMERICAN ASPHALT; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ15599369
Decision date
Jun 11, 2023
District office
San Bernardino
WCJ
Leonard J. Silberman
Claim administrator
Zurich North America
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5902LC §5903LC §5272CCR §10605CCR §10940CCR §10615CCR §10961CCR §10269CCR §10215

Summary

Both applicant and defendant filed Petitions for Reconsideration of the Arbitrator's March 30, 2023 Orders for Sanctions imposed on each party. The Arbitrator apparently took the position that the sanction orders were not final, appealable orders. The WCAB disagreed, holding that sanction orders affect the liability of the sanctioned parties and are therefore final and subject to reconsideration, and that both petitions were timely filed in EAMS. The Board also found that the Arbitrator's April 27, 2023 Order Approving Compromise and Release was void ab initio because it was issued while the case was pending on reconsideration. The Board granted both petitions, rescinded the sanction orders, and returned the matter to the Arbitrator for further proceedings.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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