WCPanelIQ
PanelMed-legalDenied

David Carter — ADJ911350, ADJ2771708, ADJ2113066

DAVID CARTER, Applicant vs. CARPENTER COMPANY; ZURICH NORTH AMERICA INSURANCE COMPANY; CIGA by TRISTAR RISK MANAGEMENT for LUMBERMAN’S MUTUAL INSURANCE COMPANY IN LIQUIDATION, Defendants

ADJ number
ADJ911350, ADJ2771708, ADJ2113066
Decision date
Jan 30, 2022
District office
Anaheim
WCJ
—
Claim administrator
TriStar Risk Management (for CIGA, for Lumberman's Mutual Insurance Company in Liquidation); Zurich North America Insurance Company
Commissioners
—

Injury / body parts: multiple body parts, cardiovascular system (heart)

LC §5904CCR §10843CCR §10955

Summary

Defendant Zurich North America sought removal of a July 3, 2019 Joint Findings and Order in which the WCJ found applicant David Carter sustained injury AOE/COE to multiple body parts during specified employment periods and found no good cause to dismiss the cases for lack of prosecution. Zurich argued the WCJ erred in denying its petition to dismiss, contending applicant had not pursued his claim, his attorney had not advanced the case, and applicant had not cooperated with a cardiology medical-legal evaluation. The Board treated the challenge under the removal standard because the petitioner disputed only the interlocutory finding (denial of dismissal), not the final injury finding. The Board found Zurich failed to demonstrate significant prejudice or irreparable harm, or that reconsideration would be inadequate. The Board affirmed the WCJ's Findings and Order.

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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