JOSE VALENCIA vs. AL'S GARDEN ART, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, ARGONAUT INSURANCE COMPANY, US RISK MANAGEMENT CLAIMS-XL INSURANCE

This case involves Cypress Insurance Company's (BHHC) petition for contribution against Argonaut Insurance Company regarding applicant Jose Valencia's cumulative injury claim. The arbitrator initially denied BHHC's petition, finding insufficient evidence of cumulative injury AOE/COE. BHHC sought reconsideration, arguing issues regarding Argonaut's defense and the sufficiency of medical evidence. The Appeals Board granted reconsideration to amend the findings to include previously omitted BHHC exhibits, but otherwise affirmed the arbitrator's decision. The Board adopted the arbitrator's report which noted issues with the PQME reports and gaps in medical documentation, ultimately upholding the denial of contribution.