Aubry

Aubry v. Workers' Compensation Appeals Board

Good Law
1997 Cal. App. LEXIS 612·56 Cal. App. 4th 1032·65 Cal. Rptr. 2d 856·97 Daily Journal DAR 9589·62 Cal. Comp. Cases 870
Court of Appeal of CaliforniaJuly 28, 1997B097115California1,456 words

Opinion

Opinion

Armstrong, J.

The Uninsured Employers’ Fund (UEF) seeks review and annulment of an order of the Workers’ Compensation Appeals Board (Board) denying reconsideration of an order awarding benefits to Edgar Amores for work-related injuries he suffered to his right hand in 1992 while employed by Ali Madani Homa Ferdowsi, doing business as Interior Shop. Ferdowsi did not have workers’ compensation insurance.

UEF seeks to avoid paying Amores the benefits awarded by the Board, contending that the award is invalid because the Board did not have jurisdiction of the employer at the time the award was made. Jurisdiction did not exist, UEF contends, because Amores served the employer with a claim form and special notice of lawsuit, rather than an application for adjudication and special notice of lawsuit. We conclude that the documents which UEF acknowledges were properly served on the employer in the manner provided for service of summons in the Code of Civil Procedure subjected the employer to the jurisdiction of the Board. Accordingly, we affirm the award and the order denying reconsideration.

The Uninsured Employers’ Fund was created by the Legislature to ensure that employees who are injured…

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