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Case No. ADJ2186877 (VNO 0533117)

Regular

Jun 29, 2010

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as Administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's findings due to an incomplete record, specifically the absence of a Minutes of Hearing and Summary of Evidence. TIG Specialty Insurance Company sought reconsideration, arguing the arbitrator erred in asserting WCAB jurisdiction over a mandatory "carve out" program for carpenters. The WCAB remanded the case for the arbitrator to create a proper record and issue a new decision on the coverage dispute. Additionally, the Van Nuys District Office will consider the submitted Compromise and Release Agreement.

Workers' Compensation Appeals BoardIndustrial InjuryStumbaugh & AssociatesInc.TIG Specialty Insurance CompanyRisk Enterprise ManagementState Compensation Insurance FundLabor Code § 3201.5Carve Out ProgramAlternate Dispute Resolution

References

Case No. ADJ2186877 (VNO 0522117)

Regular

Jan 07, 2011

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND.

The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. TIG claimed its policy only covered non-carpenter employees at the LAUSD site. However, TIG failed to present the policy as evidence at either arbitration hearing. Therefore, the Board inferred the policy did cover the applicant's employment, upholding the arbitrator's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportSite-Specific PolicyEvidenceCoverage IssueInferenceTIG Specialty Insurance CompanyStumbaugh & AssociatesInc.

References

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JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as Administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportSite-Specific PolicyEvidenceCoverage IssueInferenceTIG Specialty Insurance CompanyStumbaugh & AssociatesInc.