WCPanelIQ
PanelRemanded

Onik Khatchatrian — ADJ7324853

ONIK KHATCHATRIAN, Applicant vs. INTERPRINT PRINTING COMPANY; CRUM & FORSTER for U.S. FIRE INSURANCE, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number
ADJ7324853
Decision date
Nov 21, 2021
District office
Van Nuys
WCJ
—
Claim administrator
American Claims Management (administering Everest National Insurance); Crum & Forster (for U.S. Fire Insurance)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: neck, lumbar spine, knees, right elbow, right shoulder, hypertension, sleep disturbance

Summary

Applicant Onik Khatchatrian was found by the WCJ to have sustained a cumulative injury to multiple body parts while employed by Interprint Printing Company and Pegasus from May 2009 through May 2010, resulting in temporary disability, 50% permanent partial disability, and future medical treatment, with benefits awarded jointly and severally against U.S. Fire and Travelers. U.S. Fire petitioned for reconsideration, arguing the WCJ erred in not finding additional cumulative trauma claims for the knees and right elbow against other carriers (Travelers, Everest, and SCIF) and a separate specific right elbow injury. The Board granted reconsideration to study the issues and directed the parties to commissioners' settlement conferences. The parties subsequently reached an agreement in principle to settle by compromise and release. To expedite review and approval of the settlement, the Board rescinded the September 27, 2019 Findings, Award and Order and remanded the matter to the WCJ to consider the settlement, expressly declining to rule on the merits of the petition.

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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