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PanelGranted

Nicolas Garcia — ADJ9109258

NICOLAS GARCIA, Applicant vs. DYNAMIC NUTRACEUTICAL, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9109258
Decision date: Sep 13, 2026
District office: Santa Rosa District Office
WCJ: George W. Mason
Claim administrator: State Compensation Insurance Fund
Commissioners: PAUL F. KELLY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

LC §5909LC §5900CCR §10600

Summary

State Compensation Insurance Fund provided workers' compensation coverage to Dynamic Nutraceutical for the 2012-2013 policy year, requiring a $640 deposit premium. After a review revised the required deposit, Dynamic was billed for a $71.20 underpayment, which it failed to pay by the March 8, 2012 due date. State Fund issued a February 21, 2012 cancellation notice, effective March 8, 2012, for failure to make premium payment when due. The WCA found the cancellation ineffective, reasoning that the policy and Insurance Code section 676.8 distinguished between 'earned' premium and 'deposit' premium and did not authorize cancellation for nonpayment of a deposit premium. The Appeals Board granted reconsideration, rescinded the F&O, and held that Insurance Code section 676.8(b)(1) uses the word 'any' premium payment without distinguishing between earned and deposit premiums, so State Fund's cancellation was effective.

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.