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PanelRemanded

German Ramirez — ADJ12184149

GERMAN RAMIREZ, Applicant vs. OCTOPUS RESTAURANT GROUP dba SUMO SUSHI NEWBURY PARK; TECHNOLOGY INSURANCE COMPANY, adjusted by AMTRUST, Defendants

ADJ number: ADJ12184149
Decision date: Apr 7, 2022
District office: San Bernardino
WCJ: —
Claim administrator: AmTrust (adjusting for Technology Insurance Company)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, left hip, waist, left thigh, left knee, left calf, left foot, psyche, stress, sleep disturbance, internal, respiratory, lung disease

LC §3600LC §5313LC §5316LC §5504CCR §10205.5CCR §10205.6CCR §10625CCR §10628CCR §10750CCR §10759CCR §10761

Summary

Applicant German Ramirez, a dishwasher, filed a claim alleging injury to multiple body parts and psyche on March 30, 2018. After the DOR notice was returned as undeliverable, the WCJ proceeded to a December 31, 2019 trial without applicant present and issued a F&O finding no AOE/COE and that a Labor Code section 3600(a)(10) post-termination defense barred the claim. Applicant sought reconsideration arguing the F&O violated his due process rights because the WCJ proceeded to trial without him present and without adequate notice. The Board found applicant received neither notice nor an opportunity to be heard, the trial notice and proofs of service were absent or defective in EAMS, and no Notice of Intent appeared in the record. The Board rescinded the F&O and returned the matter to the trial level for further proceedings consistent with the decision.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.