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PanelRemanded

Angel Benitez — ADJ12030313

ANGEL BENITEZ, Applicant vs. JV CONTRACTING; CAL AG RESOURCES, INC.; CALIFORNIA FARM MANAGEMENT, INC.; STATE COMPENSATION INSURANCE FUND; and PACIFIC CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ12030313
Decision date: Aug 23, 2021
District office: Fresno
WCJ: —
Claim administrator: Pacific Claims Management; State Compensation Insurance Fund
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: eye

LC §5313LC §5903LC §5904LC §5909LC §5952CCR §10325CCR §10341CCR §10500CCR §10628CCR §10629CCR §10750CCR §10803

Summary

Applicant Angel Benitez claimed an eye injury on December 20, 2018, while working as a farmer. At a March 11, 2021 status conference, the WCJ issued orders dismissing defendants Cal AG Resources and Pacific Claims Management without prejudice, and dismissing State Compensation Insurance Fund (SCIF) for lack of coverage. Applicant sought removal/reconsideration. The Board treated the petition as one for reconsideration because the SCIF dismissal for lack of coverage was a final order resolving a threshold issue. Finding no evidentiary record to evaluate the basis for the WCJ's orders, the Board rescinded all March 11, 2021 orders and returned the matter to the trial level for further proceedings.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.

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.