Home/Case Law/MARIA TOLEDO vs. WELLPOINT HEALTH NETWORK INC, CIGA for FREMONT in liquidation, administered by XCHANGING, ZURICH AMERICAN INSURANCE
Regular DecisionReconsideration

MARIA TOLEDO vs. WELLPOINT HEALTH NETWORK INC, CIGA for FREMONT in liquidation, administered by XCHANGING, ZURICH AMERICAN INSURANCE

Filed: Oct 07, 2011
San Francisco
ADJ1256092 (VNO 0458544)

CompFox AI Summary

This case involves Zurich American Insurance seeking reconsideration of a decision that extended applicant Maria Toledo's cumulative trauma injury period to November 1, 2001, placing liability on Zurich. Zurich argued the injury date should be December 2000, during Fremont/CIGA's coverage, as medical evidence, including the Agreed Medical Examiner (AME) Dr. Sohn's reports, allegedly only supported exposure until that earlier date. The Board denied reconsideration, affirming that the AME found the totality of applicant's employment duties, including those as a sales assistant after a job change, contributed to her cumulative trauma until November 1, 2001. Therefore, Zurich remains liable for the injury.

Full Decision Text1 Pages

This case involves Zurich American Insurance seeking reconsideration of a decision that extended applicant Maria Toledo's cumulative trauma injury period to November 1, 2001, placing liability on Zurich. Zurich argued the injury date should be December 2000, during Fremont/CIGA's coverage, as medical evidence, including the Agreed Medical Examiner (AME) Dr. Sohn's reports, allegedly only supported exposure until that earlier date. The Board denied reconsideration, affirming that the AME found the totality of applicant's employment duties, including those as a sales assistant after a job change, contributed to her cumulative trauma until November 1, 2001. Therefore, Zurich remains liable for the injury.

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