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PanelGranted

Graciela Rizo — ADJ11508555

GRACIELA RIZO, Applicant vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES / IN HOME SUPPORTIVE SERVICES, Legally Uninsured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; MOLINA INVESTMENT, INC., YORK RISK SERVICES, INC., A SEDGWICK COMPANY, Defendants

ADJ number: ADJ11508555
Decision date: Sep 20, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc.
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5313CCR §10964CCR §10955CCR §10544CCR §10349CCR §10325

Summary

Defendant California Department of Social Services / In Home Supportive Services (legally uninsured, administered by Sedgwick) sought removal of a WCJ's June 29, 2021 Order denying its Petition for Joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). The WCJ had denied joinder on the grounds that the defendant could only seek reimbursement directly from the uninsured defendant and not from UEBTF because the case-in-chief had been resolved by compromise and release. The Order was issued without a hearing and with no evidence admitted into the record. The Appeals Board found it could not evaluate the basis for the WCJ's Order absent an evidentiary record and that issuing the Order without a hearing violated the parties' due process rights. The Board granted removal, rescinded the Order, and returned the matter to the WCJ for further proceedings.

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.