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Order approving stipulation with request for award (Californ

PostPosted: Wed Nov 28, 2018 8:57 pm
by lacompfun
On order it says applicant against————— does one put just insurance company or employer?

Ie John smith against insurance company xxxxx

Or

John smith against ABC Company

Re: Order approving stipulation with request for award (Californ

PostPosted: Wed Dec 05, 2018 3:12 pm
by anon2013
Who is the legal entity making payment?
If it is the employer writing the check, list the employer.
If it is the insurance company, list the name of the insurance company.

Re: Order approving stipulation with request for award (Californ

PostPosted: Wed Dec 05, 2018 4:19 pm
by LawAdvocate
Proper documents per case law must list all parties and read as follows:

1. Employer, permissibly self-insured and self administered. Think the Gas Company - Southern California Gas Companey, permissibly self-insured and self-administered.
2. Employer, permissibly self-insured and administered by TPA name. Think LAUSD - LAUSD, permissibly self-insured and administered by Sedgwick CMS Pasadena.
3. Employer as insured by Insurance company legal name, administered by administrator name - Think SCE subcontractors - so Bechtel Company, as insured by Pacific Indemnity administered by Chubb Insurance Group.
4. Employer , as insured by insurance company (if they administer, no need to list the administrator) - So think UPS - United Parcel Service as insured by Liberty Mutual Insurance Group
5. Employer, willfully uninsured as administered by State Compensation Insurance Fund - think prison guards - State of California/Department of Corrections, willfully uninsured as administered by State Compensation Insurance Fund.
6. Employer, illegally uninsured administered by x (if there is an x). Otherwise Employer, legally uninsured.

In the case of insured employers you have to list the insurance company. Listing the TPA or administrator is not enough. If you do otherwise you may leave someone open to exposure. I see so many incorrect pleadings and for the life of me can't figure out who went to law school that they don't know how to plead a case.

Those are the only "legal" and proper type of captions.

Re: Order approving stipulation with request for award (Californ

PostPosted: Thu Dec 06, 2018 11:05 am
by lacompfun
Thank you. The information and samples are very helpful.