WCPanelIQ
PanelRemanded

Carmen Ortiz — ADJ3543062

CARMEN ORTIZ, Applicant vs. ULTIMATE STAFFING SERVICE; CIGA, by TRISTAR for COMMERCIAL COMPENSATION CASUALTY, in liquidation, Defendants

ADJ number
ADJ3543062
Decision date
Date unavailable
District office
Oxnard District Office
WCJ
—
Claim administrator
TRISTAR (for Commercial Compensation Casualty, in liquidation, by CIGA)
Commissioners
—
LC §5275LC §5903LC §5952CCR §10914CCR §10995CCR §2261CCR §2262

Summary

Carmen Ortiz allegedly was injured while working as a potential joint employee of Ultimate Staffing Service and Harbor Freight Tools. CIGA, on behalf of insolvent Commercial Compensation Casualty (Ultimate Staffing's insurer), sought to establish that Redlands Insurance Company provided coverage for Harbor Freight Tools employees, including joint employees like applicant. The arbitrator found Redlands provided unrestricted coverage for all Harbor Freight Tools employees and that the policy covered joint employees. The WCAB granted reconsideration and rescinded the arbitrator's August 15, 2019 Findings and Order because the record was inadequate—there was no Minutes of Hearing identifying disputed issues and exhibits were not properly identified and admitted as required by Hamilton v. Lockheed Corp. The matter was remanded so the arbitrator could create an adequate record, independently weigh the evidence, and render a decision supported by substantial evidence.

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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