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Jerry Payan — ADJ14231186

JERRY VILLEGAS PAYAN, Applicant vs. WEST COAST AUTO SALES; N&H MOTORS; TECHNOLOGY INSURANCE, administered by AMTRUST, Defendants

ADJ number: ADJ14231186
Decision date: Aug 11, 2021
District office: Pomona
WCJ: —
Claim administrator: AmTrust (administering Technology Insurance)
Commissioners: —

Injury / body parts: COVID-19 infection (death)

LC §5502LC §3212.88

Summary

Applicant sought removal of a June 22, 2021 WCJ order that closed discovery and set the COVID-19 death claim for trial following a Priority Conference. The claim alleged Jerry Payan contracted COVID-19 at work as a salesperson on July 12, 2020 and died as a result. The correct insurer, Technology Insurance administered by AmTrust, was only joined on May 27, 2021 after the initially-joined insurer was dismissed. The Board granted removal, finding that applicant had not had sufficient time to complete reasonable discovery, particularly given the delay in identifying the correct defendant and the complexity of infectious disease causation discovery. The Board rescinded the order and returned the matter to the trial level for regular status conferences until discovery is complete.

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.

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.