What the panel ordered
Petition for reconsideration granted; June 11, 2021 Findings and Order rescinded; matter returned to trial level for further proceedings and new decision.
Defendant Zurich sought reconsideration of the June 11, 2021 Findings and Order; the WCAB granted reconsideration, rescinded the prior decision, and returned the matter to the arbitrator for further proceedings and a new decision.
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 arbitrator's findings on employment and insurance coverage were unclear and incomplete, requiring reconsideration to properly frame issues and determine coverage under the Zurich policy, including the identity of the general employer and validity of endorsements.
From the decision · page 5In this case, the parties and the arbitrator framed numerous issues to provide a framework for the arbitrator to answer the ultimate question of whether the Zurich policy provided insurance coverage for applicant's injury. The issues were not framed well and the resulting Findings and Order reflects the poorly framed issues. While issues related to employment were raised, it is not clear that a key issue, whether applicant was employed by CPE HR, was directly raised.3 The arbitrator found two unrelated entities (each with their own insurance policy) to be applicant's general employer. The Findings of Fact did not identify the named insured of the Zurich policy although, ultimately the arbitrator found that it provided coverage for employees of One Stop Parts Source (an entity that was not the named insured).