Home/Case Law/JOHN SMITH vs. CALIFORNIA STATE UNIVERSITY LONG BEACH, Permissibly Self-Insured, Adjusted by SEDGWICK CMS, BELLFLOWER UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP
Regular DecisionReconsideration

JOHN SMITH vs. CALIFORNIA STATE UNIVERSITY LONG BEACH, Permissibly Self-Insured, Adjusted by SEDGWICK CMS, BELLFLOWER UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP

Filed: Apr 11, 2014
ADJ1938415 (ANA 0320426) ADJ463183 (ANA 0320427) ADJ3293437 (ANA 0389203) ADJ2850300 (ANA 0389204) ADJ3164388 (ANA 0389205) ADJ3932115 (ANA 0389206) ADJ686732 (ANA 0389207) ADJ4516220 (ANA 0400646)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to clarify the Arbitrator's award between two employers for a concurrent cumulative trauma injury. The Board affirmed the finding of a single injury and the apportionment of liability for orthopedic injuries at 50% and respiratory injuries at 63% to CSULB and 37% to Bellflower USD. However, the Board amended the award to explicitly grant Bellflower USD the right to contest the specific amounts paid by CSULB for benefits before the contribution payment is finalized. This amendment addresses Bellflower USD's due process concerns regarding the calculation of contribution.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to clarify the Arbitrator's award between two employers for a concurrent cumulative trauma injury. The Board affirmed the finding of a single injury and the apportionment of liability for orthopedic injuries at 50% and respiratory injuries at 63% to CSULB and 37% to Bellflower USD. However, the Board amended the award to explicitly grant Bellflower USD the right to contest the specific amounts paid by CSULB for benefits before the contribution payment is finalized. This amendment addresses Bellflower USD's due process concerns regarding the calculation of contribution.

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