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PanelGranted in Part

Dutra, Dennis

DENNIS DUTRA, Applicant vs. J.B. HUNT TRANSPORT SERVICES; ZURICH AMERICA INSURANCE COMPANY, HAMPSHIRE INSURANCE COMPANY AS ADMINISTERED BY YORK, Defendants

ADJ number: ADJ10085912
Decision date: Mar 18, 2024
District office: Lodi
WCJ: Timothy Nelson
Claim administrator: Zurich American Insurance Company; New Hampshire Insurance Company administered by York (AIG)
Commissioners: —

Injury / body parts: wrist, bilateral upper extremities

CCR §10962

Summary

Applicant Dennis Dutra filed a cumulative trauma claim against J.B. Hunt Transport for the period September 2, 2014 to July 20, 2015, during which the employer was covered by AIG/New Hampshire (9/2/14-12/31/14) and Zurich (12/31/14-7/20/15). On February 16, 2016, applicant elected against Zurich, which accepted AOE/COE liability and agreed to pay TTD and authorized treatment with Dr. Immerman via a Stipulation and Award/Order, while reserving its right to seek contribution. After resolving the claim by C&R on January 29, 2021, Zurich filed a petition for contribution against AIG on April 28, 2021. AIG argued the petition was untimely because it should have been filed within one year of the February 16, 2016 stipulation. The Board affirmed the WCJ as amended, finding Zurich's contribution petition timely except as to the temporary disability indemnity and the medical treatment with Dr. Immerman awarded under the 2016 stipulation.

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.