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PanelDismissed

Uribe, Carlos, Jr.

CARLOS URIBE, JR., Applicant vs. XCEL MECHANICAL SYSTEM, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK CMS for RELIANCE/SABLE, in liquidation; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ487398
Decision date: Aug 19, 2024
District office: Anaheim
WCJ: Robert Drakulich (Arbitrator)
Claim administrator: Sedgwick CMS (administering California Insurance Guarantee Association for Reliance/Sable, in liquidation)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5909CCR §10914CCR §10995

Summary

This is a Decision After Remittitur following the Second District Court of Appeal's December 18, 2023 decision in Zurich American Ins. Co. v. WCAB (2023) 97 Cal.App.5th 1213. The case involved an insurance coverage dispute that proceeded to arbitration between CIGA and Zurich American Insurance Company. The Court of Appeal found there was no equitable tolling under Shipley because it was CIGA's own inaction that denied it a remedy, and the Board's prior order granting CIGA's Petition for Reconsideration was a nullity because the petition had been denied by operation of law under Labor Code section 5909. The Court directed the Board to rescind its June 13, 2022 and August 8, 2022 decisions and dismiss Zurich as a defendant. The Board complied, noting that the arbitrator failed to submit an adequate record, but rescinded its prior decisions and dismissed Zurich, with CIGA ordered to pay Zurich's costs.

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.