WCPanelIQ
PanelRemanded

Jennifer Lee Reino — ADJ3362746, ADJ2701589, ADJ2142330, ADJ915001

JENNIFER LEE REINO, Applicant vs. ARMSTRONG WORLD INDUSTRIES, permissibly self-insured, administered by SEGWICK CLAIMS MANAGEMENT; VONS, permissibly self-insured, administered by ALBERTSONS HOLDINGS, Defendants

ADJ number
ADJ3362746, ADJ2701589, ADJ2142330, ADJ915001
Decision date
Feb 25, 2021
District office
Long Beach
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering Armstrong World Industries); Albertsons Holdings (administering Vons)
Commissioners
—
LC §5313

Summary

Applicant Jennifer Lee Reino settled workers' compensation claims against both Armstrong World Industries and Vons via a Stipulated Award approved October 23, 1990, in which the two defendants agreed to share future medical care costs equally (50% each). Later, applicant and Vons entered a Compromise and Release settling her Petition to Reopen and her right to future medical care against Vons. Armstrong sought 50% reimbursement of medical treatment costs from Vons, and a WCJ found Armstrong entitled to that reimbursement in a November 13, 2020 Findings and Order. Vons sought reconsideration arguing statute of limitations, breach, supersession by the 2009 C&R, and laches. The Board granted reconsideration, rescinded the Findings and Order, and remanded because it was unclear whether Vons' defenses were formally framed as issues at trial and the record was incomplete under Labor Code section 5313 and Hamilton.

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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