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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 The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.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. 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. 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. ADJ2022332 (ANA 0334821) ADJ947209 (ANA 0334822)
Regular
Feb 27, 2014

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

The California Workers' Compensation Appeals Board affirmed the Arbitrator's decision denying CIGA's requests for contribution and reimbursement from Centre Insurance Company. CIGA stipulated to liability for the injury date in 2000, and the Board found that CIGA's subsequent claims of mistake were untimely and lacked good cause to reopen a final award. The Board emphasized the importance of finality in awards and that CIGA failed to timely raise equitable arguments. Therefore, CIGA's appeal for contribution and reimbursement was unsuccessful.

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury
References
Case No. ADJ4680684 (LAO 0878962) ADJ2228561 (LAO 0878963)
Regular
Feb 19, 2016

ARTURO AVILA vs. CARIMEX INTERNATIONAL TRADING, EVEREST NATIONAL INSURANCE CO., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over contribution liability between two insurance carriers for an applicant's cumulative trauma injury. The original Findings and Award determined Everest National Insurance was 68% liable and SCIF 32% liable, ordering Everest to pay SCIF $31,513.97. Everest's petition for reconsideration focuses solely on the monetary calculation, not the proportional liability. The Appeals Board granted reconsideration to rescind the original award, as the WCA's attempt to rescind it was untimely. The matter is returned to the WCA for further proceedings and a proper decision on the monetary calculations.

Petition for ReconsiderationFindings and AwardPetition for ContributionEquitable ContributionCumulative Trauma InjurySpecific InjuryJoint Compromise and ReleaseCredit for PaymentsSupplemental ProceedingsLabor Code Section 5500.5
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. VNO 380127
Regular
Jul 19, 2007

HERLINDA ROJAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the issue of Travelers Insurance Company's liability for contributions towards applicant Herlinda Rojas' cumulative trauma injury. The Board found no error in the original order joining Travelers as a party defendant, recognizing LACMTA's right to seek contribution for benefits paid. Ultimately, the Board rescinded the previous Findings of Fact and returned the case for further proceedings to determine Travelers' potential contribution.

Workers' Compensation Appeals BoardLACMTATravelers Insurance Companycumulative traumaequitable estoppelres judicatacollateral estoppeljoindercontributionpermanent disability
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. LAO 0689496
Regular
Jul 18, 2007

FLORENCIO ALVARADO vs. FISCH-HORWITZ 12TH STREET PROJECT, FISCH PROPERTIES, FISCH LIVING TRUST, STATE COMPENSATION INSURANCE FUND, TIG INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision and affirmed the finding that the applicant was employed by Fisch Properties, insured by TIG Insurance Company, at the time of his injury. The WCAB reversed the prior ruling that barred SCIF from seeking contribution from TIG based on the doctrine of laches, finding no prejudice demonstrated by TIG. Consequently, SCIF is entitled to contribution from TIG.

Workers' Compensation Appeals BoardFisch-HorwitzFisch PropertiesState Compensation Insurance FundTIG Insurance CompanyAllstate Insurance CompanyReconsiderationDoctrine of LachesContributionCompromise and Release
References
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