Case Law Database

JOSE OCOTOXTLE vs. McDONALD'S, US FIDELITY & GUARANTY INSURANCE COMPANY, SEDGWICK CMS, INC.

This case involves US Fidelity & Guaranty Insurance Company seeking reconsideration of a Compromise and Release Agreement approved in a separate workers' compensation claim. US Fidelity argues the judge exceeded authority by approving a settlement that did not account for apportionment with a McDonald's claim where they were the insurer. The Appeals Board denied reconsideration, holding that the settlement of a separate cumulative trauma claim against a different employer does not affect US Fidelity's liability for applicant's McDonald's injury. The Board noted US Fidelity can pursue contribution proceedings under Labor Code section 5500.5(h) if needed.