CompFox AI Summary
The Appeals Board affirmed a stipulated award where the applicant settled a claim for a 2005 injury for $7,500. CIGA argued that this settlement improperly impacted its potential recovery for a 2008 injury, claiming benefits it paid were actually due to the earlier injury and that Virginia Surety was "other insurance." However, the Board found CIGA failed to establish joint and several liability between CIGA and Virginia Surety for the benefits at issue. The settlement itself does not alter CIGA's burden to prove such liability to seek reimbursement from Virginia Surety.
Full Decision Text1 Pages
The Appeals Board affirmed a stipulated award where the applicant settled a claim for a 2005 injury for $7,500. CIGA argued that this settlement improperly impacted its potential recovery for a 2008 injury, claiming benefits it paid were actually due to the earlier injury and that Virginia Surety was "other insurance." However, the Board found CIGA failed to establish joint and several liability between CIGA and Virginia Surety for the benefits at issue. The settlement itself does not alter CIGA's burden to prove such liability to seek reimbursement from Virginia Surety.
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