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Kutsunai, Ian

IAN KUTSUNAI, Applicant vs. CASA RESORTS, INC.; ICW GROUP; LUNCH2YOU, EMPLOYERS COMPENSATION INSURANCE CO., SALAD REPUBLIC, TRAVELERS PROPERTY CASUALTY COMPANY, Defendants

ADJ number: ADJ9773950
Decision date: Sep 5, 2024
District office: Long Beach
WCJ: Mark Polan
Claim administrator: Employers Compensation Insurance Company (ECIC); ICW Group; Travelers Property Casualty Company of America
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5909LC §5901LC §5950LC §5952LC §3202LC §5272LC §5313CCR §10995CCR §10914CCR §10205CCR §10205.12CCR §10566

Summary

This is a contribution/reimbursement dispute among multiple workers' compensation insurers arising from an arbitration proceeding. A workers' compensation arbitrator (WCA) issued a Findings and Award on November 23, 2020, ordering ECIC to contribute $29,596.47 and Travelers (TPCC) to contribute $22,027.92 to ICW Group based on ICW's meritorious petitions for contribution/reimbursement. ECIC sought reconsideration, but due to a delay in notice to the Appeals Board (first received May 19, 2021), the Board applied Shipley tolling to preserve jurisdiction. Upon review, the Board found the arbitration record was incomplete because the file uploaded to EAMS lacked all proffered exhibits—including the August 6, 2014 PQME report of Dr. Jeffrey Weil—and the evidence was not properly described, identified, or organized. The Board rescinded the F&A and returned the matter to the arbitrator for development of a proper record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.