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Case Name | Fremont Indemnity Co. v. WCAB | |
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Date | 03/31/1980 | |
Note | WCJ's failure to specify reasoning in decision deprives party of meaningful right to petition for recon.; WCJ's Notice of Intention was not sufficient for proper service. | |
Citation | 45 CCC 391 | |
WCC Citation | WCC 27361980 CA |
FREMONT INDEMNITY COMPANY, Petitioner v. WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA; EMELDA ROCHA; and DOMESTIC LAUNDRY & CLEANING COMPANY, Respondents. OPINION: Petitioner Fremont Indemnity Company (Fremont) contends that respondent Workers' Compensation Appeals Board (Board) has erred in finding Fremont was the workers' compensation insurance carrier for respondent Domestic Laundry & Cleaning Company (Domestic) on March 1, 1977, when Domestic's employee, respondent Emelda Rocha, claims she sustained an industrial injury. Fremont avers the deposition of Henderson is important as therein Henderson testifies concerning the cancellation of Domestic's policy with Fremont. Fremont asserted (1) substantial evidence did not support the findings of coverage by Fremont on the date of injury, and (2) the WCJ failed to comply with Labor Code section 5313. Fremont asserts that the WCJ's report was not served upon Fremont or its counsel as required by WCAB Rules section 10860.
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