CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ2046608 (VNO 0502368)
Regular
Mar 07, 2012

NOE PEREZ vs. HERRICK CORPORATION

The Workers' Compensation Appeals Board granted Herrick Corporation's Petition for Removal, rescinding a WCJ order. The Board is now intending to dismiss Herrick's Petition for Contribution against SCIF. This is because Herrick's contribution claim is barred by the one-year statute of limitations under Labor Code section 5500.5(e). The Order Approving Compromise and Release was dated August 31, 2006, and Herrick's petition was filed over two and a half years later.

Petition for RemovalContributionCarve-out JurisdictionLabor Code Sections 3201.53201.7State Compensation Insurance Fund (SCIF)Alexander BuggyCompromise and ReleaseArbitratorJoint and Several Award
References
1
Case No. ADJ2624099 (AHM 0134865)
Regular
Nov 06, 2013

JACALYN HALE (Deceased) vs. MESA MEDICAL GROUP, ACE USA c/o ESIS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board dismissed ECIC's Petition for Reconsideration because the WCJ's order regarding contribution proceedings was not a final determination of substantive rights. The Board also denied ECIC's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm from the WCJ's statement that the contribution issue might eventually be subject to mandatory arbitration. The WCJ had merely overruled ECIC's objection to ACE/ESIS's contribution petition and allowed discovery, not ordered arbitration itself. Therefore, any arguments about mandatory arbitration were premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ OrderContribution ProceedingsMandatory ArbitrationLabor Code Section 5500.5ACE/ESISECICIndustrial Injury
References
0
Case No. LAO 0834414
Regular
Mar 03, 2008

NATASHA FANE vs. PRIME CLINICAL SYSTEMS, INC., EVEREST NATIONAL INSURANCE, ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Everest's petition for reconsideration, rescinded a prior order, and remanded the case for further proceedings to determine contribution liability between Everest and Argonaut. Argonaut's petition for reconsideration was dismissed as it was not a final order, but its petition for removal was granted, rescinding an improperly issued joinder order and issuing a new order joining Argonaut as a party defendant. The Board clarified that contribution proceedings under Labor Code section 5500.5(e) can be initiated after a settlement and that Argonaut, having been notified, may not be bound by prior evidentiary records.

Workers' Compensation Appeals BoardNatasha FanePrime Clinical SystemsInc.Everest National InsuranceArgonaut Insurance CompanyContributionLabor Code section 5500.5(b)Labor Code section 5500.5(e)Compromise and Release
References
0
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
0
Case No. ADJ746026 (SJO 0221595) ADJ1315805 (SJO 0221596) ADJ2490198 (SJO 0221597) ADJ1525795 (SJO 0234303)
Regular
Feb 03, 2010

GILBERT GASKA vs. EAST SIDE UNION HIGH SCHOOL, ACE/USA, CALIFORNIA INSURANCE GUARANTEE ASSOCATION

This case involves claims for reimbursement between two insurers covering applicant's industrial injuries. CIGA, representing an insolvent insurer, sought reimbursement from ACE/USA for medical benefits paid. The arbitrator initially awarded CIGA approximately $105,000, later amended to $138,555.15 due to a clerical error. ACE/USA petitioned for reconsideration, arguing CIGA's claim was untimely and improperly based on contribution or subrogation. The Board dismissed CIGA's petition as moot because the corrected award had already been issued. The Board denied ACE/USA's petition, clarifying CIGA's claim was for reimbursement under Insurance Code section 1063.1, not untimely contribution or subrogation, and that ACE/USA was liable due to providing "other insurance" for the same injuries.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAACE/USAFremont Compensation Insurance Companyinsolvencycumulative injuryspecific injuryreimbursementcontribution
References
3
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
0
Case No. LAO 0774175, LAO 0777678, LAO 0778097
Regular
Feb 26, 2008

FRANCISCO ARAU MEZA vs. PLATINUM DYEING & FINISHING, REDLAND INSURANCE COMPANY, RELIANCE NATIONAL INSURANCE COMPANY/CIGA

This case involves Redland Insurance Company's petition for reconsideration of an arbitrator's decision awarding contribution from Redland to CIGA for medical and rehabilitation expenses. Redland argued a prior decision settled all contribution rights, but the Board found that the earlier decision did not address CIGA's contribution rights and therefore CIGA did not waive them. The Board denied Redland's petition, allowing the arbitrator to determine the proper remedy for CIGA's contribution claim.

WCABRedland Insurance CompanyCIGAcontributionarbitrationCompromise & Releaseindustrial injuryback injuryneck injurycumulative trauma
References
0
Case No. SAC 0339541
Regular
Oct 17, 2007

HOPE HAYES vs. GOTTSCHALK'S, INC., THE HARTFORD, SPECIALTY RISK SERVICES

This case involved a dispute over contribution between insurance carriers for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the initial petition for joinder did not timely "institute proceedings" for contribution under Labor Code § 5500.5. Consequently, the WCAB held that the claim for contribution against The Hartford was barred due to untimeliness.

Petition for RemovalPetition for ReconsiderationLabor Code Section 5500.5Institution of ProceedingsThreshold IssueContributionJoinder of Party DefendantClerical ErrorStipulations with Compromise and ReleaseCumulative Trauma Injury
References
4
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
20
Case No. ADJ9168399 ADJ9168400 ADJ9194488
Regular
May 16, 2019

VICTORINO LARA vs. PAPER PAK INDUSTRIES, EVEREST NATIONAL c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, UNITED STATES FIRE INSURANCE COMPANY c/o CRUM & FORSTER

The Workers' Compensation Appeals Board denied United States Fire Insurance Company's (USFIC) petition for reconsideration. USFIC argued it should not reimburse Everest National for lien resolution expenses, claiming Everest's petition for contribution was untimely and the issue should be arbitrated. However, the Board found that the approved Compromise and Release agreement, signed by both parties, contractually obligated USFIC to pay its proportionate share of liens. This agreement's language and the parties' conduct supported the WCJ's decision that no separate contribution petition was required.

Compromise and ReleaseContractual ObligationReimbursementLien Resolution ExpensesPetition for ContributionArbitratorJoint Findings and OrderAdministrative Law JudgeWorkers' Compensation Appeals BoardLabor Code Section 5500.5
References
5
Showing 1-10 of 15,029 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational