WCPanelIQ
PanelQMEMed-legalLienDenied

Jonathan Sanarrucia — ADJ3444089, ADJ2257185

JONATHAN SANARRUCIA, Applicant vs. TOBIN WORLD; STATE COMPENSATION INSURANCE FUND; WINWARD SCHOOL, INC.; OAK RIVER INSURANCE COMPANY c/o BHHC, Defendants

ADJ number
ADJ3444089, ADJ2257185
Decision date
Nov 11, 2021
District office
Los Angeles
WCJ
Robert E. Drakulich (Arbitrator)
Claim administrator
State Compensation Insurance Fund; Oak River Insurance Company c/o Berkshire Hathaway Homestate Companies (BHHC)
Commissioners
—
LC §5300LC §5301LC §5275LC §5500.5

Summary

Applicant Jonathan Sanarrucia filed two separate continuing trauma claims, one against Tobin World (insured by SCIF) and one against Windward School (insured by Oak River/BHHC). Both defendants denied liability, secured their own medical-legal opinions, and ultimately each paid approximately $25,000 to settle with applicant via Compromise and Release, splitting the attorney fee and MSA funding 50/50, without reserving rights to seek contribution. SCIF and Oak River both filed petitions for contribution/reimbursement, which an arbitrator denied, finding neither defendant proved entitlement to statutory or equitable relief. SCIF sought reconsideration, asking that its petition be granted while Oak River's remained denied. The Appeals Board adopted the arbitrator's Report and affirmed the September 19, 2019 Findings and Order, holding SCIF could not recover its costs—primarily medical-legal expenses and C&R payments—from a defendant in an entirely separate workers' compensation case involving a different injury.

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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