CA: WCAB Rescind's Dismissal Order, Re-Joins Employer/Insurer as Party Defendant

CA: WCAB Rescind's Dismissal Order, Re-Joins Employer/Insurer as Party Defendant

Parise Benoit v. Perkinelmer Optoelectronics, Liberty Mutual Insurance Company

Dismissal--Rescission of Dismissal Order--WCAB denied defendant's petition for removal from WCJ's order re-joining defendant as a party defendant after defendant had already been dismissed from applicant's case in which applicant alleged cumulative injury to lungs, respiratory system, heart and psyche ending 8/2007, when WCAB found that, although order dismissing defendant was a final order pursuant to Labor Code § 5900, WCAB had continued jurisdiction under Labor Code § 5803 to rescind dismissal order, that time limitations in Labor Code § 5804 did not apply because there was no award of compensation, and that there was good cause to rescind dismissal order pending a determination of applicant's date of injury under Labor Code § 5500.5 and parties liable for injury. © Copyright 2010 LexisNexis. All rights reserved.

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Source: Calif. Workers’ Compensation Appeals Board