Home/Case Law/DONALD HENKE vs. THUMS LONG BEACH COMPANY, CIGA for FREMONT CORPORATION in liquidation, OCCIDENTAL PETROLEUM CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES
Regular DecisionOpinion and Decision After Reconsideration

DONALD HENKE vs. THUMS LONG BEACH COMPANY, CIGA for FREMONT CORPORATION in liquidation, OCCIDENTAL PETROLEUM CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

Filed: Jun 13, 2025
Sacramento
ADJ9800810 (MF), ADJ3318010 (SAC 0360125)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior Findings and Order (F&O) that directed New Hampshire Insurance Company to administer a claim for CIGA. New Hampshire disputed joint and several liability, arguing no overlap between the applicant's 1998 and 2013 injuries. The WCAB found insufficient medical evidence on the causation of treatment for specific body parts, noting the existing medical opinions were cursory and primarily focused on disability apportionment. Consequently, the Board rescinded the F&O and remanded the case to the trial level for further development of the medical record regarding treatment causation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior Findings and Order (F&O) that directed New Hampshire Insurance Company to administer a claim for CIGA. New Hampshire disputed joint and several liability, arguing no overlap between the applicant's 1998 and 2013 injuries. The WCAB found insufficient medical evidence on the causation of treatment for specific body parts, noting the existing medical opinions were cursory and primarily focused on disability apportionment. Consequently, the Board rescinded the F&O and remanded the case to the trial level for further development of the medical record regarding treatment causation.

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