CompFox AI Summary
This case involves a contribution claim between two insurance carriers, Virginia Surety and Majestic Insurance, for benefits paid to applicant Jose Chirinos. The arbitrator awarded Virginia Surety contribution, but apportioned benefits, finding only 30% attributable to cumulative trauma injury covered by Majestic, with the remainder from a specific injury covered by Virginia Surety. Virginia Surety challenged the admissibility of Dr. Scott's report, which formed the basis for this apportionment, as it was not based on a physical examination. The Appeals Board affirmed the arbitrator's decision, finding Dr. Scott's report admissible under the unique circumstances of contribution proceedings where the applicant is uncooperative and discovery rights are deferred.
Full Decision Text1 Pages
This case involves a contribution claim between two insurance carriers, Virginia Surety and Majestic Insurance, for benefits paid to applicant Jose Chirinos. The arbitrator awarded Virginia Surety contribution, but apportioned benefits, finding only 30% attributable to cumulative trauma injury covered by Majestic, with the remainder from a specific injury covered by Virginia Surety. Virginia Surety challenged the admissibility of Dr. Scott's report, which formed the basis for this apportionment, as it was not based on a physical examination. The Appeals Board affirmed the arbitrator's decision, finding Dr. Scott's report admissible under the unique circumstances of contribution proceedings where the applicant is uncooperative and discovery rights are deferred.
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