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PanelQMEMed-legalGranted

Hernandez, Mario

MARIO HERNANDEZ, Applicant vs. FRESH QUALITY PRODUCE, INC.; STATE COMPENSATION INSURANCE FUND; CYPRESS INSURANCE C/O BERKSHIRE HATHAWAY HOMESTATE COMPANY, Defendants

ADJ number: ADJ14138672
Decision date: Aug 4, 2025
District office: Marina del Rey
WCJ: —
Claim administrator: State Compensation Insurance Fund; Cypress Insurance c/o Berkshire Hathaway Homestate Company
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, PAUL KELLY, COMMISSIONER

LC §5500.5LC §5909LC §5900LC §5950LC §3208.1LC §5412LC §5903LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

SCIF settled with applicant Mario Hernandez via Compromise and Release for a cumulative trauma claim covering March 1, 1996 to March 21, 2020, then filed a Petition for Contribution against Cypress Insurance. The Arbitrator's March 20, 2025 decision found Cypress liable for contribution only for the period January 25, 2020 to February 1, 2020, equivalent to 1.9%. SCIF sought reconsideration, contending that under Labor Code section 5500.5 the last injurious exposure period was March 21, 2019 through March 21, 2020, entitling it to 87% contribution ($153,507.52). The Appeals Board granted reconsideration, finding the Arbitrator's decision was not supported by substantial evidence and required further development of the record. The Board deferred its final decision after reconsideration pending further review of the merits.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.