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

Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. SDO 0205972, SDO 0337405
Regular
Jul 15, 2008

RICARDO CELICEO vs. ARAMARK UNIFORM SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, RELIANCE ISNURANCE in Liquidation, CAPITAL RECOVERY SERVICES, GOLDEN EAGLE INSURANCE COMPANY

This case involves a workers' compensation appeal where CIGA, on behalf of a defunct insurer, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board denied CIGA's petition, affirming the administrative law judge's decision that the applicant did not sustain a cumulative trauma injury during a specific employment period. The Board also affirmed that CIGA lacked standing to file the cumulative trauma claim on behalf of the applicant.

CIGAReliance InsuranceliquidationPetition to Reopencumulative traumaapportionmentstandingreal party in interestcontributionpermanent disability
References
Case No. ADJ147675 (SBR 0318645) ADJ4536946 (SBR 0307857)
Regular
Feb 07, 2011

DONALD BOYD vs. DAVID HOPKINS DRYWALL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATES, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., RELIANCE INSURANCE GROUP, WEAT COAST PAINT & DRYWALL; NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, AMERICAN ALL RISK LOSS ADMINISTRATORS, WEST COAST DRYWALL, STATE COMPENSATION INSURANCE FUND, GALLAGHER BASSETT SERVICES

This case involves the California Insurance Guarantee Association (CIGA) seeking contribution for payments made on behalf of a defunct insurer. The Workers' Compensation Appeals Board (WCAB) granted CIGA's reconsideration, reversing the arbitrator's decision that barred CIGA's claim. The WCAB found that CIGA's reimbursement claim was not subject to the one-year statute of limitations under Labor Code section 5500.5(e) because CIGA was seeking contribution as the defendant for a specific injury in a successive injury scenario. The matter is returned to the arbitrator for further proceedings on all other outstanding issues.

California Insurance Guarantee AssociationCIGAcontributionreimbursementLabor Code section 5500.5(e)Insurance Code section 1063.1Compromise and ReleaseDeclaration of Readiness to Proceedcumulative traumaspecific injury
References
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