WCAB Had Jurisdiction When Workers’ Comp Claim Predated Insurer’s Rescission Action: Cal. Comp. Cases November Advanced Postings (10/27/2015)

Here’s the latest batch of advanced postings for the November 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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Tower Select Insurance Company, Petitioner v. Workers' Compensation Appeals Board, Javier Chavarria, Respondents, lexis.com, Lexis Advance

Insurance Coverage—Policy Rescission—WCAB affirmed Arbitrator’s finding that insurer had coverage for applicant’s employer on date of injury, and held that, because insurer maintained that policy rescission was defense to coverage for applicant’s industrial injury and proceeded to arbitration on that issue, Arbitrator had jurisdiction under Labor Code § 5275(a) to determine whether policy had been rescinded, even though insurer had previously instituted civil declaratory action seeking rescission of policy, when…

Joyce Simon, Petitioner v. Workers' Compensation Appeals Board, County of Orange, PSI, administered by York Risk Services Group, Inc., Respondents, lexis.com, Lexis Advance

Vexatious Litigant Declarations—Successive Petitions for Reconsideration—WCAB declared applicant to be vexatious litigant within meaning of 8 Cal. Code Reg. § 10782(a)(1), based on WCAB’s findings that…

Sanctions—Petitions for Reconsideration—WCAB held that applicant filed two petitions for reconsideration dated 3/22/2014 and 6/10/2014 that were “frivolous” and “undisputedly without merit” petitions within meaning of…

Troy Whiteto, Petitioner v. Workers' Compensation Appeals Board, Long Beach Transit, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Dismissal for Improper Service—WCAB dismissed petition for reconsideration because it was not properly served on all adverse parties and representatives of adverse parties as required by Labor Code § 5905 and 8 Cal. Code Reg. §§ 10850, 10505, and 10510(b), when WCAB found that…

Hanna Leung, Professional Law Corporation, and Jack J. Costello, Petitioners v. Workers' Compensation Appeals Board, Pacific Pathway, State Compensation Insurance Fund, Victor Luo, Respondents, lexis.com, Lexis Advance

Sanctions Against Attorneys—Labor Code § 5813—WCAB affirmed WCJ’s order imposing $500 in sanctions under Labor Code § 5813 and 8 Cal. Code Reg. § 10561 and amended WCJ’s order and imposed sanctions jointly and severally on law firm and individual attorney from same law firm representing applicant in seeking workers’ compensation benefits, when WCAB found that…

George Harris, Petitioner v. Workers' Compensation Appeals Board, Numac Mechanical, Inc., aka Numac Company, State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Permanent Disability—Apportionment—WCAB awarded applicant HVAC service trainee 65 percent permanent disability, after apportionment, for applicant’s 1/8/2005 injury AOE/COE to lungs/pulmonary, skin (sarcoidosis), and psyche, with permanent disability rating based on…