CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and modified a prior award, primarily to reflect applicant's election under Labor Code § 5500.5 to proceed solely against Lumbermens Mutual Casualty Company for a cumulative trauma injury. The Board found that applicant's injury occurred between June 21, 2000, and June 21, 2001, with Argonaut covering the earlier portion and Lumbermens the latter. Consequently, the award against Argonaut was rescinded, leaving Lumbermens liable for 83% permanent disability, a life pension, and future medical care, subject to its right to seek contribution from other potentially liable parties. The Board also addressed Lumbermens' arguments regarding substantial evidence and due process, largely adopting the WCJ's reasoning while clarifying the scope of liability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and modified a prior award, primarily to reflect applicant's election under Labor Code § 5500.5 to proceed solely against Lumbermens Mutual Casualty Company for a cumulative trauma injury. The Board found that applicant's injury occurred between June 21, 2000, and June 21, 2001, with Argonaut covering the earlier portion and Lumbermens the latter. Consequently, the award against Argonaut was rescinded, leaving Lumbermens liable for 83% permanent disability, a life pension, and future medical care, subject to its right to seek contribution from other potentially liable parties. The Board also addressed Lumbermens' arguments regarding substantial evidence and due process, largely adopting the WCJ's reasoning while clarifying the scope of liability.
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