No Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015)

Here’s the fourth batch of advanced postings for June 2015 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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2K Fabrications, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Jose Martinez, Respondents, lexis.com, Lexis Advance

Insurance Coverage—Cancellation of Policy—WCAB affirmed Arbitrator’s finding that State Compensation Insurance Fund did not provide coverage for employer on 7/8/2003, date of applicant’s alleged injury, because policy that had existed providing coverage to employer was canceled in accordance with Insurance Code and by terms of insurance policy itself as of 3/18/2003 for employer’s nonpayment of premium and failure to issue payroll reports, when WCAB found…

Tokio Marine and Nichido Fire Insurance Company, insurer for Southland Box Company, Petitioner v. Workers' Compensation Appeals Board, Elite Personnel Services, California Insurance Guarantee Association, administered by Broadspire, on behalf of Superior National Insurance Company, in liquidation, Sergio Valenzuela, Respondents, lexis.com, Lexis Advance

California Insurance Guarantee Association—Other Insurance—Reimbursement—WCAB held that it had jurisdiction to consider California Insurance Guarantee Association’s petition for reimbursement from Tokio Marine and Nichido Fire Insurance and that petition for reimbursement was timely, not barred by laches (no prejudice shown), and not barred by two stipulations with request for award, when WCAB found…

Advo, Inc., later known as Valassis, Travelers Indemnity Company of Illinois, Petitioners v. Workers' Compensation Appeals Board, Elite Personnel, California Insurance Guarantee Association, on behalf of Superior National Insurance Company, in liquidation, Jose Hernandez, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Dismissal—Final WCAB Decisions—Court of Appeal dismissed petition for writ of review of WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901l, since…

JungOak Cha (aka Jung Oak Cha), Petitioner v. Workers' Compensation Appeals Board, The Permanente Medical Group, PSI, administered by Athens Administrators, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed applicant’s petition for reconsideration not filed within time requirements of...

Injury AOE/COE—Alternatively, even if petition for reconsideration had been timely filed, WCAB ruled on merits and held that applicant did not meet burden of proving she sustained claimed industrial injury (cumulative trauma injury to circulatory system, pulmonary system, nose, skin, or cadmium exposure in period ending 11/29/2008), when WCAB found…

June Martin, Petitioner v. Workers' Compensation Appeals Board, Cottage Health System, PSI, administered by Sedgwick CMS, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB reversed WCJ and held that applicant clerical worker did not meet burden of proving her claim of injury AOE/COE from 11/25/2008 through 11/25/2009 to her respiratory system, internal systems, and brain from exposure to carbon monoxide, when WCAB found…