WCPanelIQ
PanelGranted

Juan Suarez — ADJ365717, ADJ3469175

JUAN SUAREZ, Applicant vs. HALEY BROS/TM COBB COMPANY and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION through its servicing facility, SEDGWICK CLAIMS MANAGEMENT SERVICES, for FREMONT INDEMNITY COMPANY, in liquidation, Defendants

ADJ number
ADJ365717, ADJ3469175
Decision date
Feb 7, 2022
District office
Stockton
WCJ
—
Claim administrator
Sedgwick Claims Management Services (servicing facility for Fremont Indemnity Company, in liquidation, on behalf of CIGA); Liberty Mutual Insurance Company
Commissioners
—

Injury / body parts: low back, neck

LC §3208.2LC §5303LC §5315LC §5500.5LC §5900LC §5903LC §5909CCR §10507CCR §10605CCR §10615CCR §10840CCR §10845CCR §10940CCR §10392

Summary

Applicant Juan Suarez sustained successive injuries to his low back and neck: a cumulative injury through September 8, 1993 while employed by Haley Brothers (insured by Unicare) and a specific injury on July 27, 1986 while employed by T.M. Cobb (insured by Liberty Mutual). A May 6, 1997 Stipulated Award issued solely against Unicare, with Liberty Mutual paying $25,000 to fully settle all contribution issues. After Unicare became insolvent and CIGA assumed administration, the WCJ found Liberty Mutual was available 'other insurance' and ordered it to take over medical care administration and resolve reimbursement with CIGA. On reconsideration, the Appeals Board rescinded the WCJ's decision, holding that because the award issued solely against Unicare and Liberty Mutual settled all its liability with applicant's consent, there could be no joint and several liability and Liberty Mutual was not 'other insurance.' CIGA must continue to administer the medical award.

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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