Home/Case Law/MARIO HERNANDEZ vs. FRESH QUALITY PRODUCE, INC.; STATE COMPENSATION INSURANCE FUND; CYPRESS INSURANCE C/O BERKSHIRE HATHAWAY HOMESTATE COMPANY
Regular DecisionOpinion and Order Granting Petition for Reconsideration

MARIO HERNANDEZ vs. FRESH QUALITY PRODUCE, INC.; STATE COMPENSATION INSURANCE FUND; CYPRESS INSURANCE C/O BERKSHIRE HATHAWAY HOMESTATE COMPANY

Filed: Aug 05, 2025
Marina del Rey
ADJ14138672

CompFox AI Summary

Defendant State Compensation Insurance Fund (SCIF) sought reconsideration of an Arbitrator's Decision on Petition for Contribution, which found Cypress Insurance liable for a portion of contribution. SCIF contended that the WCA should have relied on Labor Code section 5500.5 to determine the last injurious exposure period and award a higher contribution. The Appeals Board received an answer and the Arbitrator's Report and Recommendation, which suggested denying reconsideration. After preliminary review, the Appeals Board granted SCIF's Petition for Reconsideration, but this is not a final order. The final decision after reconsideration is deferred pending further review of the merits and the entire record.

Full Decision Text1 Pages

Defendant State Compensation Insurance Fund (SCIF) sought reconsideration of an Arbitrator's Decision on Petition for Contribution, which found Cypress Insurance liable for a portion of contribution. SCIF contended that the WCA should have relied on Labor Code section 5500.5 to determine the last injurious exposure period and award a higher contribution. The Appeals Board received an answer and the Arbitrator's Report and Recommendation, which suggested denying reconsideration. After preliminary review, the Appeals Board granted SCIF's Petition for Reconsideration, but this is not a final order. The final decision after reconsideration is deferred pending further review of the merits and the entire record.

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