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PanelGranted

Cristian Avila Garcia — ADJ12393038

CRISTIAN AVILA GARCIA (Deceased), SINTIA YANETH GARCIA (Guardia Ad Litem), Applicant vs. BAYVIEW ENVIRONMENTAL SERVICES INCORPORATED; GREAT DIVIDE INSURANCE COMPANY, Administered by BERKELEY ENTERTAINMENT, Defendants

ADJ number: ADJ12393038
Decision date: Oct 27, 2022
District office: Oakland
WCJ: Christopher Miller
Claim administrator: Berkeley Entertainment (administering for Great Divide Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: death (fatal injury)

LC §5313

Summary

Cristian Avila Garcia died from an injury occurring July 29, 2018, and his claim was pursued by guardian ad litem Sintia Yaneth Garcia. After a trial, the WCJ issued a decision on August 10, 2022, finding the injury compensable under the 'commercial traveler rule' (rather than the 'going and coming rule') and awarding benefits at the statutory maximum rate. Defendant sought reconsideration, arguing the decision was issued without the minutes of hearing and summary of evidence having been served, in violation of Labor Code section 5313. The WCJ recommended granting reconsideration to restore the parties' appellate rights, since the minutes and summary had since been served on September 30, 2022. The Board adopted the WCJ's report, granted reconsideration, rescinded the August 10, 2022 decision, and returned the matter to the trial level for a new decision.

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.