Home/Case Law/MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY
Regular DecisionReconsideration

MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY

Filed: Mar 05, 2009
San Francisco
ADJ2143506 (AHM 0139193)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order denying Cypress Insurance Company's petition to join State Compensation Insurance Fund (SCIF). Cypress sought contribution from SCIF for a cumulative trauma injury claim settled by compromise and release with the applicant, Maria Castillo. The Board found that Cypress's petition for joinder and contribution was timely filed within one year of the settlement, and thus, failure to join SCIF prior to settlement did not waive Cypress's right to seek contribution. The case was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order denying Cypress Insurance Company's petition to join State Compensation Insurance Fund (SCIF). Cypress sought contribution from SCIF for a cumulative trauma injury claim settled by compromise and release with the applicant, Maria Castillo. The Board found that Cypress's petition for joinder and contribution was timely filed within one year of the settlement, and thus, failure to join SCIF prior to settlement did not waive Cypress's right to seek contribution. The case was returned to the trial level for further proceedings.

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