What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant UEBTF seeking review of the Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration issued on January 5, 2024, which rescinded findings that UEBTF had no liability and found liability only as to Green Zone Trucking.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 5, 2024.
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 found no error in rescinding the findings that UEBTF had no liability and that liability was only with Green Zone Trucking, and rejected the argument that Labor Code section 3716(b) precludes UEBTF from derivative liability on specific injury claims. The Board also rejected the contention that the burden of enforcing the award should lie with the applicant due to his litigation decisions.
From the decision · page 1Defendant Uninsured Employers Benefits Trust Fund (UEBTF) seeks reconsideration of the Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration issued on January 5, 2024, wherein we rescinded the Findings and Award issued on October 10, 2023, and substituted findings that omitted the findings that UEBTF has no liability and that liability is found "only" as to Green Zone Trucking.