What the panel ordered
Findings and Order dated March 9, 2022, rescinded; case returned to district office for further proceedings
Petition for reconsideration filed by defendants; reconsideration granted; case remanded to district office for WCJ to consider Compromise and Release
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board rescinded the Findings and Order and returned the matter to the district office for further proceedings to allow review of the Compromise and Release, without ruling on the merits of the petition.
From the decision · page 1Defendant Vensure HR, Inc. LCF LX Business Services, Inc. and Security National Insurance Company administered by AmTrust North America, petitioned for reconsideration of the Findings and Order of the workers' compensation arbitrator in this matter on March 9, 2022. In that decision, the arbitrator made findings, including a finding that the WCJ's decision dated March 17, 2020 in which it was found that the general employer of the applicant was Vensure HR, Inc. LCF LX Business Services, Inc., was a final decision and as such, the arbitrator lacked jurisdiction to disturb such a finding. The arbitrator further found that Security National Insurance Company was liable for the applicant's injury because they covered the general employer, Vensure HR, Inc. LCF LX Business Services.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The arbitrator found the WCJ's decision dated March 17, 2020, that Vensure HR, Inc. LCF LX Business Services, Inc. was the general employer of the applicant, was a final decision and thus not subject to disturbance by the arbitrator.
Favours Defendant prevailed
This finding led to the arbitrator's lack of jurisdiction to disturb the finding and influenced the reconsideration petition outcome.
From the decision · page 1Defendant Vensure HR, Inc. LCF LX Business Services, Inc. and Security National Insurance Company administered by AmTrust North America, petitioned for reconsideration of the Findings and Order of the workers' compensation arbitrator in this matter on March 9, 2022. In that decision, the arbitrator made findings, including a finding that the WCJ's decision dated March 17, 2020 in which it was found that the general employer of the applicant was Vensure HR, Inc. LCF LX Business Services, Inc., was a final decision and as such, the arbitrator lacked jurisdiction to disturb such a finding. The arbitrator further found that Security National Insurance Company was liable for the applicant's injury because they covered the general employer, Vensure HR, Inc. LCF LX Business Services.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Code of Regulations
Cal. Code Regs., tit. 8, 10961
The District Office is precluded from acting on a case while it is pending on reconsideration, necessitating rescission and remand for further proceedings.
From the decision · page 2Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by a workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the March 9, 2022 Findings and Orders from which reconsideration is sought and return this matter to the District Office in Los Angeles for a WCJ to consider the Compromise and Release. The WCJ may conduct such further proceedings as is deemed appropriate.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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