WCPanelIQ
PanelGranted

Mendoza, Maria

MARIA MENDOZA, Applicant vs. SAN GABRIEL TRANSIT, INCORPORATED, BARRETT BUSINESS SERVICES, INCORPORATED; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY, in liquidation; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number
ADJ10267491
Decision date
Sep 14, 2023
District office
Long Beach
WCJ
—
Claim administrator
Corvel (administering ACE American Insurance Company); California Insurance Guarantee Association (CIGA) for Ullico Casualty Company, in liquidation
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right shoulder, neck, back

LC §5313LC §5903LC §5908.5LC §5952CCR §10960CCR §10961CCR §10962

Summary

Applicant Maria Mendoza had two consolidated claims: a 2015 right shoulder/neck injury while employed by Barrett Business Services (insured by ACE American, administered by Corvel) and a 2011 back/neck injury while employed by San Gabriel Transit (insured by Ullico Casualty, now in liquidation, administered by CIGA). After resolution via Compromise and Release, CIGA sought reimbursement of $35,456.95 from ACE American, an amount that included $5,084.23 in 'Pre Award Interest.' The WCJ's June 28, 2023 Joint Findings and Order awarded the full $35,456.95 'without prejudgment interest' while denying CIGA's request for prejudgment interest, creating an internal inconsistency since the awarded amount itself included that interest. ACE American sought reconsideration, and because no WCJ Report and Recommendation was prepared (due to the WCJ's unavailability and no report from the Presiding Judge), the Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level to resolve the inconsistency and issue a new decision.

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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