CompFox AI Summary
This case involves a worker's compensation applicant, Kevin Ellis, who sustained a 100% permanent disability injury in 1997. The insurer, Truck Insurance Exchange, sought reconsideration of a prior order finding it had coverage and was "other insurance" under Insurance Code section 1063.1. The Board denied reconsideration, affirming the Arbitrator's decision. The Arbitrator correctly determined that Truck is entitled to a trial de novo on reimbursement issues and can raise defenses like laches, as the prior decision was not final regarding these specific points. Truck's arguments regarding special employer status and the priority of "other insurance" were also addressed by the Arbitrator and affirmed by the Board.
Full Decision Text1 Pages
This case involves a worker's compensation applicant, Kevin Ellis, who sustained a 100% permanent disability injury in 1997. The insurer, Truck Insurance Exchange, sought reconsideration of a prior order finding it had coverage and was "other insurance" under Insurance Code section 1063.1. The Board denied reconsideration, affirming the Arbitrator's decision. The Arbitrator correctly determined that Truck is entitled to a trial de novo on reimbursement issues and can raise defenses like laches, as the prior decision was not final regarding these specific points. Truck's arguments regarding special employer status and the priority of "other insurance" were also addressed by the Arbitrator and affirmed by the Board.
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