What the panel ordered
Findings of Fact issued on October 28, 2020, affirmed except amended to correct employer name to Advanced Raingutters.
Petition for reconsideration of Findings of Fact issued on October 28, 2020, granted to study factual and legal issues further; now issuing Opinion and Decision After Reconsideration.
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 WCJ properly held trial solely on the issue of employment to determine liability and potential dismissal of CIGA; defendants had notice and opportunity to be heard, so no due process violation; WCJ's credibility findings favored applicant's employment by defendants; statute of limitations issue deferred.
From the decision · page 6We turn first to defendants' contention that the WCJ violated their rights of due process by setting the issue for trial solely as to employment without their agreement as signatories to a pre- trial conference statement. More specifically, defendants argue that because they objected to trial of any issue other than CIGA's petition for dismissal, because they did not initially agree to complete a pre-trial conference statement, and because "If there is no Pre-Trial Conference Statement filled out the day of the Mandatory Settlement Conference, then no trial can be held," trial of the employment issue constituted a violation of their rights of due process. (Petition, pp. 4:28-5:18.)