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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1009271 (AHM 0055424)
Regular
Apr 27, 2009

MYRNA PEREZ vs. FIDELITY FEDERAL BANK, TIG SPECIALTY INSURANCE CO., REM, LTD, GOLDEN EAGLE

This case concerns a contribution dispute between two insurance carriers, TIG and Golden Eagle, for a cumulative trauma injury claim. Golden Eagle sought reconsideration of an order compelling it to pay over $\$101,000$ in contribution to TIG. Golden Eagle argued it was never properly served with a notice of intention and that Labor Code section 5275 mandates arbitration for contribution disputes. The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.

Workers' Compensation Appeals BoardOrder of ContributionPetition for ReconsiderationLabor Code section 5275mandatory arbitrationContributionCumulative Trauma InjuryCompromise and Release AgreementPetition for ContributionNotice of Intention
References
Case No. ADJ120949 (LBO 0345949)
Regular
Mar 28, 2011

RON CURTIS vs. C.J. SEGERSTROM & SONS, AMERICAN CLAIMS MANAGEMENT FOR EVEREST NATIONAL INSURANCE, AMERICAN SAFETY CASUALTY COMPANY

This case concerns American Safety Casualty Company's petition for reconsideration of an arbitrator's decision regarding contribution. The arbitrator found that Everest National Insurance Company timely instituted contribution proceedings based on a subsequent Compromise and Release Agreement that redefined the cumulative trauma injury dates. American argued that a prior, rescinded award determining earlier injury dates should control, but the Board affirmed the arbitrator's conclusion that the rescission rendered the prior finding void. The Board clarified that this decision only addresses the timeliness of contribution proceedings, not final liability, allowing for further litigation.

Workers' Compensation Appeals BoardCumulative Trauma ClaimContribution ProceedingsArbitrator's Findings and AwardCompromise and Release AgreementDate of Cumulative Trauma InjuryLabor Code Section 5500.5Rescinded Findings and AwardStatus Quo AntePetition for Reconsideration
References
Case No. ADJ7531724, ADJ7531690
Regular
Dec 01, 2017

AURORA LEMUS vs. FREEBIRDS WORLD BURRITO, GRANITE STATE INSURANCE COMPANY, MARK ORFALIA, REDWOOD FIRE AND CASUALTY COMPANY

This case involves a dispute between Granite State Insurance Company and Redwood Fire and Casualty Company regarding contribution for workers' compensation benefits paid to applicant Aurora Lemus. Granite, initially denied contribution by the WCJ, petitioned for reconsideration. The parties subsequently settled the contribution claim for $22,500.00 through mediation, which has been approved by the Board. This stipulation fully resolves Granite's claims against Redwood.

Workers' Compensation Appeals BoardReconsiderationContributionReimbursementJoint Findings of FactCompromise and ReleaseStipulationVoluntary MediationCommissioners' Settlement ConferenceInsurer
References
Case No. ADJ7529761
Regular
Sep 02, 2018

MARIA GARCIA vs. GREEN CUISINE, INC., GOLDEN EAGLE INSURANCE COMPANY, SOUTHERN INSURANCE COMPANY

This case involves Southern Insurance Company seeking reconsideration of an arbitrator's award of contribution to Golden Eagle Insurance Company. Southern argued a contribution petition filed before a Compromise and Release (C&R) approval was void, and Golden Eagle missed the subsequent one-year limitations period. The Board denied reconsideration, adopting the arbitrator's report and finding the initial petition timely filed under Labor Code Section 5500.5(e). The Board clarified that filing before award approval does not void a contribution petition, especially when the C&R doesn't require a refiling.

Petition for ReconsiderationCompromise and ReleasePetition for ContributionLabor Code section 5500.5(e)ContributionArbitratorFindings and AwardGolden Eagle Insurance CompanySouthern Insurance CompanyIndustrial Injury
References
Case No. ADJ14138672
Regular
Aug 05, 2025

MARIO HERNANDEZ vs. FRESH QUALITY PRODUCE, INC.; STATE COMPENSATION INSURANCE FUND; CYPRESS INSURANCE C/O BERKSHIRE HATHAWAY HOMESTATE COMPANY

Defendant State Compensation Insurance Fund (SCIF) sought reconsideration of an Arbitrator's Decision on Petition for Contribution, which found Cypress Insurance liable for a portion of contribution. SCIF contended that the WCA should have relied on Labor Code section 5500.5 to determine the last injurious exposure period and award a higher contribution. The Appeals Board received an answer and the Arbitrator's Report and Recommendation, which suggested denying reconsideration. After preliminary review, the Appeals Board granted SCIF's Petition for Reconsideration, but this is not a final order. The final decision after reconsideration is deferred pending further review of the merits and the entire record.

Petition for ReconsiderationState Compensation Insurance FundCypress InsuranceLabor Code section 5500.5contributionlast injurious exposurecumulative injurytimely actednotice of transmissionsubstantial evidence
References
Case No. SBA 077625, SBA 073703, SBA 085498
Regular
Aug 04, 2008

DAVID DISANDRO vs. HAAGEN PRINTING & OFFSET, GRAPHIC ARTS, SAFECO INSURANCE COMPANY, ALLIANZ INSURANCE COMPANY, CALIFORNIA INDEMNITY

The Appeals Board granted Safeco's reconsideration, rescinding the prior award finding Safeco liable for contribution. Safeco is not responsible for benefits related to a cumulative trauma injury from Graphic Arts because it did not provide insurance coverage during that employment period. The Board clarified that the applicable statute regarding the California Insurance Guarantee Association (CIGA) does not compel contribution from solvent insurers who were not on risk during the specific period of injury.

Workers Compensation Appeals BoardReconsiderationContributionCumulative Trauma InjuryInsurance CoverageCalifornia IndemnitySafeco InsuranceAllianz InsuranceGraphic ArtsHaagen Printing
References
Case No. ADJ2148527 (MON 0299703)
Regular
Dec 05, 2008

RAMON RAMOS vs. MALCOLM DRILLING CO. INC., REPUBLIC INDEMNITY CO. OF AMERICA, STATE COMPENSATIONN INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's award of contribution to Republic Indemnity Company of America (Republic) for applicant Ramon Ramos' cumulative trauma injury. SCIF argued Republic lacked standing, the claim was time-barred, and SCIF's liability was improperly calculated. The Appeals Board granted reconsideration to adjust SCIF's contribution percentage, limiting SCIF's liability to its actual coverage period from January 24, 2001, through December 31, 2001.

Workers' Compensation Appeals BoardRepublic IndemnityState Compensation Insurance FundMalcolm Drilling CompanyRamon Ramoscumulative traumacontributionArbitrator's Findings and AwardPetition for Contributionstanding
References
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
Case No. ADJ6607637
Regular
Jul 01, 2010

NATHAN WINES vs. SDA SECURITY SYSTEMS, INC., INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim where Insurance Company of the West (ICW) seeks reconsideration of an arbitration decision barring its contribution claim against Zenith Insurance Company. The arbitrator initially found ICW's contribution proceedings were untimely, but now recommends granting reconsideration based on new case law. The Workers' Compensation Appeals Board agreed that a Declaration of Readiness to Proceed can satisfy the "institute proceedings" requirement for contribution claims under Labor Code §5500.5(e), reversing the prior decision and returning the matter for further proceedings.

Workers' Compensation Appeals BoardArbitration DecisionStatute of LimitationsContribution ProceedingsDeclaration of ReadinessLabor Code §5500.5(e)Stipulated AwardCumulative InjuryIndustrial InjuryInsurance Coverage
References
Case No. ADJ3674251 (SDO 0355041)
Regular
Jun 02, 2010

JACQUELINE NGUYEN vs. MPEX PHARMACEUTICALS, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an insurer's petition for removal after a WCJ denied their request to join a prior employer and its insurer for contribution. The applicant has received benefits from two prior awards. The Appeals Board granted the removal, rescinded the denial of joinder, and returned the matter to the trial level. This action is to facilitate arbitration regarding the date of last injurious exposure and coverage status, which are prerequisites for contribution proceedings under Labor Code section 5500.5.

Petition for RemovalOrder Denying Petition for JoinderPetition for ContributionJoinder of PartiesContribution ProceedingsLabor Code Section 5500.5Date of Last Injurious ExposureDate of Injury Section 5412ArbitrationRescinded Order
References
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