PATRICIA DURON, Applicant vs. BEST DELIVERY SERVICES, LLC; AMERICAN ALTERNATIVE INSURANCE CORPORATION, administered by AMERICAN CLAIMS MANAGEMENT; TRI-STATE EMPLOYMENT SERVICES; CIGA, by its servicing facility SEDGWICK CMS for LUMBERMEN’S UNDERWRITING ALLIANCE in liquidation, Defendants
ADJ number
ADJ9786832
Decision date
Jul 25, 2021
District office
Los Angeles
WCJ
Roger A. Tolman, Jr.
Claim administrator
Sedgwick CMS (servicing facility for CIGA, for Lumbermen's Underwriting Alliance in liquidation)
Commissioners
—
Injury / body parts: left shoulder, back, arm, neck, head, left ear, elbow, GERD, irritable bowel syndrome
LC §5708LC §5709LC §5903LC §3202.5
Summary
Patricia Duron sustained an admitted industrial injury on November 18, 2014 while employed as a packer through general employer Corporate Resource Services (insured by Lumbermen's Underwriting Alliance, now in liquidation and administered by CIGA). CIGA sought to shift liability to an alleged special employer, Best Delivery Services, LLC (BEST), arguing 'other insurance' existed under Insurance Code section 1063.1. The WCJ found CIGA failed to prove a general/special employment relationship by a preponderance of evidence, as the key documents (DWC-1 and Employer's Injury Report) lacked foundation, authentication, and corroboration, and the applicant's testimony was too unclear to establish the special employer. The Board granted reconsideration solely to amend the injured body parts finding to conform to the parties' January 22, 2020 stipulation, but otherwise affirmed the WCJ's decision rejecting CIGA's liability-shift argument.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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