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PanelRemanded

Nuvia Garcia (Mf) — ADJ7456966, ADJ3107921, ADJ7456961, ADJ10394796

NUVIA GARCIA, Applicant vs. PACIFIC BUILDING CARE; DIAMOND CONTRACTING SERVICES, INC., ARGONAUT INSURANCE CO.; ARCH INSURANCE, ADMINSTERED BY SEDGWICK CMS; LIBERTY MUTUAL ON BEHALF OF WAUSAU INS.; NATIONAL UNION FIRE INS. CO. OF PITTSBURG, ADMINISTERED BY AIG/CHARTIS, Defendants

ADJ number: ADJ7456966, ADJ3107921, ADJ7456961, ADJ10394796
Decision date: Jun 27, 2022
District office: Los Angeles
WCJ: —
Claim administrator: Sedgwick CMS (administering Arch Insurance); AIG/Chartis (administering National Union Fire Ins. Co. of Pittsburgh)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Summary

Applicant Nuvia Garcia had a matter pending on reconsideration from a WCJ decision dated November 8, 2019. While the petition was pending, the parties reached a proposed settlement. The Appeals Board rescinded the WCJ's decision and returned the matter to the trial level so the WCJ could consider and potentially approve the proposed settlement. The Board noted that if the WCJ does not approve the settlement, the WCJ may reinstate the original decision, from which any aggrieved party could seek reconsideration. The Board emphasized this was not a final decision on the merits of any pending issue. A replacement panelist was assigned because Commissioner Lowe, who participated in a prior decision, no longer served on the Board.

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.