Case Law Database

KENNETH CASE vs. UNION DODGE, INC., EVEREST NATIONAL INSURANCE COMPANY, ARROWOOD INDEMNITY COMPANY

The Workers' Compensation Appeals Board granted Arrowood Indemnity Company's petition for reconsideration, amending an arbitrator's decision. While the Board agreed with Arrowood that only one cumulative injury occurred, it found the liability period for this injury to be the year preceding February 4, 2004, based on the applicant's date of knowledge of disability. The Board affirmed the arbitrator's decision not to recuse himself, despite improper settlement disclosures by Everest. Arrowood may still argue apportionment to subsequent injuries in further proceedings.