CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision and returning the matter for further proceedings. The WCAB determined that collateral estoppel bars relitigating the cumulative trauma injury date of November 5, 2004, which was previously adjudicated. This established date means CIGA, as the insurer for Legion Insurance Company, is entitled to seek reimbursement from Safety National Casualty, which provided coverage during a portion of the injury period. The WCAB instructed the arbitrator to consider the effect of prior case law regarding contribution and reimbursement in light of the established injury date.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision and returning the matter for further proceedings. The WCAB determined that collateral estoppel bars relitigating the cumulative trauma injury date of November 5, 2004, which was previously adjudicated. This established date means CIGA, as the insurer for Legion Insurance Company, is entitled to seek reimbursement from Safety National Casualty, which provided coverage during a portion of the injury period. The WCAB instructed the arbitrator to consider the effect of prior case law regarding contribution and reimbursement in light of the established injury date.
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