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FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)

March 27, 2010 (1 min read)
Aleksandr Yamnitsky v.  Morrow-Meadows Corporation
Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body parts from 12/11/2002 to 3/19/2003, pursuant to Labor Code § 3201.5, when WCAB found that (1) WCJ dismissed Application without making required evidentiary findings necessary to justify dismissal of claim based upon carve-out agreement, including finding that parties were subject to such an agreement at time of applicant's injury and that Administrative Director issued appropriate letter of eligibility in connection with collective bargaining agreement, and (2) WCJ failed to issue Notice of Intent (NIT) prior to dismissing Application, in violation of applicant's due process rights. © Copyright 2010 LexisNexis. All rights reserved.
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