Shope

Shope v. Workmen's Compensation Appeals Board

Good Law
1971 Cal. App. LEXIS 1118·21 Cal. App. 3d 774·98 Cal. Rptr. 768·36 Cal. Comp. Cases 764
Court of Appeal of CaliforniaDecember 2, 1971Civ. No. 38432California1,587 words

Opinion

Lead Opinion

Aiso, J.

Petitioner Richard Shope sustained an injury to his left leg on October 25, 1968, arising out of and occurring in the course of his employment as a used car salesman for Angelo A. Amone, doing business as Grand Auto Center, in Paramount, California. That he was entitled to workmen’s compensation benefits awarded him by the Workmen’s Compensation Appeals Board (Board) is not disputed. The referee found that respondent Fremont Indemnity Company (Carrier) was estopped from denying coverage on the date petitioner suffered his industrial injury, but the Board granted rehearing on the petition of Carrier, reversed the referee’s decision on this issue, and . ordered the employer to pay the compensation. The employer went out of business in December 1968 and has not joined in this review.

The review turns upon two issues: (1) whether petitioner has standing to have the matter of insurance coverage reviewed, and (2) whether the Board’s finding that Carrier is not estopped from denying that it was the employer’s insurance carrier on the date petitioner suffered his injuries is sustainable. We hold in favor of petitioner on both questions and order the decision of the Board…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.