Home/Case Law/PATRICK RECORDS vs. WASTE MANAGEMENT OF ALAMEDA COUNTY AND CIGA, CONVERIUM, ACE, ET AL.
Regular DecisionReconsideration

PATRICK RECORDS vs. WASTE MANAGEMENT OF ALAMEDA COUNTY AND CIGA, CONVERIUM, ACE, ET AL.

Filed: Jan 06, 2011
ADJ1139186 (OAK 0308001) ADJ483865 (OAK 0308002) ADJ6524430

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's claim for contribution against Converium for a cumulative trauma injury ending February 15, 2000. CIGA argued that the statute of limitations was tolled by medical treatment and payments made under a Compromise and Release Agreement. However, the Board found the record insufficient, lacking crucial medical evidence regarding the cumulative trauma injury and benefit payment details. Therefore, the case was returned to the trial level to allow the admission of necessary documents, including the Agreed Medical Examiner's reports and a clear benefit payment printout, to determine the validity of CIGA's contribution claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's claim for contribution against Converium for a cumulative trauma injury ending February 15, 2000. CIGA argued that the statute of limitations was tolled by medical treatment and payments made under a Compromise and Release Agreement. However, the Board found the record insufficient, lacking crucial medical evidence regarding the cumulative trauma injury and benefit payment details. Therefore, the case was returned to the trial level to allow the admission of necessary documents, including the Agreed Medical Examiner's reports and a clear benefit payment printout, to determine the validity of CIGA's contribution claim.

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