Clementina Lopez — ADJ9903090

Applicant Clementina Lopez filed a cumulative trauma claim against Avo's Casting, with Republic Indemnity named as the alleged insurer. Republic disputed coverage, an arbitration issue, and a workers' compensation arbitrator (WCA) issued an F&O on August 28, 2018 holding Republic did not insure Avo's during the alleged injury period — but the employer Avo's was neither notified of nor served with the arbitration proceedings. Avo's alleged Republic told it not to appear and concealed the hearing. The WCJ later joined UEBTF as a party and concluded he lacked jurisdiction to vacate the arbitrator's F&O. On reconsideration, the Board found the arbitration violated Avo's due process rights and that the F&O was intentionally not served on Avo's in violation of Labor Code section 5277(a), rendering it void ab initio. The Board vacated the F&O, rescinded the UEBTF joinder order, and remanded for further arbitration proceedings with proper notice to all parties.