CompFox AI Summary
The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.
Full Decision Text1 Pages
The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.
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