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Employment Practices Liability Insurance Provider Had No Duty to Defend Employer
12/04/2023
benefits.
To obtain coverage under the policy PHI had to report any covered claim or potential claim to Houston within the policy period. If PHI did not do so then the policy stated Houston had no duty to provide coverage.
In September 2016 former PHI employee Marielena Ramirez filed a
Category: News
Poblanco Ramirez Jose Jorge
12/01/2023
WORKERS COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
JOSE JORGE POBLANCO RAMIREZ Applicant
vs.
BORUE O'BRIEN;
STATE COMPENSATION INSURANCE FUND Defendants
Adjudication Number ADJ10421975
Santa Rosa District Office
OPINION AND ORDER
GRANTING PETITION FOR
RECONSIDERATION
AND DECISION AFTER
Category: Panel
Ramirez Jose Jorge Poblanco
12/01/2023
WORKERS COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
JOSE JORGE POBLANCO RAMIREZ Applicant
vs.
BORUE O'BRIEN;
STATE COMPENSATION INSURANCE FUND Defendants
Adjudication Number ADJ10421975
Santa Rosa District Office
OPINION AND ORDER
GRANTING PETITION FOR
RECONSIDERATION
AND DECISION AFTER
Category: Panel
ADAM LOMELIE
11/01/2023
indirect; the preemption provision displaces all state
Upon reconsideration the Appeals Board is not limited to consideration of the issues defined by the parties. See
Ramirez v. Workers Comp. Appeals Bd. 2017 10 Cal.App.5th 205 221 82 Cal.Comp.Cases 327 336 citing Tate
v. Industrial Accident
Category: Panel
Mejia Jose
11/01/2023
.
Applicant has retained vocational expert P. Steve Ramirez who issued an initial
Vocational Feasibility Report that reflects a teleconference meeting with applicant and a review
of applicants medical history. Ex. 10 Report of P. Steven Ramirez May 12 2021 p. 3.
Mr. Ramirez summarized the
Category: Panel
Sampson Sylvester
11/01/2023
.
Manning & Kass Ellrod Ramirez Trester LLP
INTRODUCTION
Applicant in pro per has filed a timely verified Petition for Reconsideration on the
undersigneds Findings and Order dated September 13 2023. Defendant has filed an Answer.
FACTS
Applicant age 73 while employed on April 3 2014 as
Category: Panel
Albarran Alejandra
10/01/2023
this regard.
6
However the Court of Appeal in Ramirez v. Workers Comp. Appeals Bd. 1970 10
Cal.App.3d 227 234 88 Cal. Rptr. 865 35 Cal.Comp.Cases 383 has made clear
Upon notice or knowledge of a claimed industrial injury an employer has both
the right and duty to investigate the facts in
Category: Panel
Avila Roberto
10/01/2023
of a penalty assessed
against defendant see Ramirez v. Drive Financial Services Ramirez 2008 73 Cal.Comp.Cases
1324 1336 Appeals Board en banc; Employers Mutual Liability Ins. Co. v. Workmens Comp.
Appeals Bd. Rodriguez 1975 46 Cal.App.3d 104 40 Cal.Comp.Cases 820 both as an
Category: Panel
Hernandez Herrera Luis Angel
10/01/2023
WORKERS COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
LUIS ANGEL HERNANDEZ HERRERA Applicant
vs.
FRANCISCO JAVIER CALISTRO RAMIREZ AKA FRANCISCO RAMIREZ AKA
FRANCISCO RAMIREZ CALIXTRO DBA CALISTROS TREE SERVICE AND THE
DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE
UNINSURED
Category: Panel
Hernandez Roberta
10/01/2023
was then evaluated by her vocational expert P. Steve Ramirez M.S.
C.R.C. In a report of February 22 2022 Mr. Ramirez wrote
The work restrictions issued for Ms. Hernandez include maximum lifting
capacity of 5 pounds in conjunction with her need to alternate sitting and
standing with standing
Category: Panel
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