CompFox AI Summary
The Appeals Board rescinded the WCJ's decision because the finding of a specific date of injury was vague, unsupported by substantial evidence, and deprived California Indemnity Insurance Company (CIIC) of due process. The Board held that under Labor Code § 5500.5, the elected insurer (SCIF) should not have been dismissed at this stage, and any determination of liability among insurers should be deferred to a separate contribution proceeding. The case was returned to the trial level for further proceedings to determine if the applicant sustained an industrial injury and to address potential liability of all involved insurers.
Full Decision Text1 Pages
The Appeals Board rescinded the WCJ's decision because the finding of a specific date of injury was vague, unsupported by substantial evidence, and deprived California Indemnity Insurance Company (CIIC) of due process. The Board held that under Labor Code § 5500.5, the elected insurer (SCIF) should not have been dismissed at this stage, and any determination of liability among insurers should be deferred to a separate contribution proceeding. The case was returned to the trial level for further proceedings to determine if the applicant sustained an industrial injury and to address potential liability of all involved insurers.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.