CompFox AI Summary
This case involves US Fidelity & Guaranty Insurance Company seeking reconsideration of a Compromise and Release Agreement approved in a separate workers' compensation claim. US Fidelity argues the judge exceeded authority by approving a settlement that did not account for apportionment with a McDonald's claim where they were the insurer. The Appeals Board denied reconsideration, holding that the settlement of a separate cumulative trauma claim against a different employer does not affect US Fidelity's liability for applicant's McDonald's injury. The Board noted US Fidelity can pursue contribution proceedings under Labor Code section 5500.5(h) if needed.
Full Decision Text1 Pages
This case involves US Fidelity & Guaranty Insurance Company seeking reconsideration of a Compromise and Release Agreement approved in a separate workers' compensation claim. US Fidelity argues the judge exceeded authority by approving a settlement that did not account for apportionment with a McDonald's claim where they were the insurer. The Appeals Board denied reconsideration, holding that the settlement of a separate cumulative trauma claim against a different employer does not affect US Fidelity's liability for applicant's McDonald's injury. The Board noted US Fidelity can pursue contribution proceedings under Labor Code section 5500.5(h) if needed.
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