WCPanelIQ
PanelLienGranted

Mike Raposo — ADJ10872713

MIKE RAPOSO, Applicant vs. JJR CONSTRUCTION, INC.; CYPRESS INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES; EVEREST NATIONAL INSURANCE COMPANY administered by AMERICAN CLAIMS MANAGEMENT, INC., Defendants

ADJ number
ADJ10872713
Decision date
Apr 20, 2026
District office
San Francisco
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company); American Claims Management, Inc. (administering Everest National Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG L. SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: bilateral hips, bilateral shoulders, bilateral wrists

LC §4659LC §5412LC §5500.5LC §5900LC §5902LC §5903LC §5909LC §4903LC §4904

Summary

Applicant Mike Raposo sustained a cumulative trauma injury through September 25, 2015 while working as a construction worker for JJR Construction, with coverage split between Cypress Insurance (2014) and Everest National Insurance (2015). The WCJ found 73% permanent partial disability plus a life pension and awarded additional temporary disability, but denied defendants credit for amounts reimbursable to EDD because no EDD payments had yet been made. Both Cypress and Everest sought reconsideration: Everest argued EDD reimbursements must be credited against indemnity owed and that all PD advances and attorney fees should be reflected, while Cypress argued the F&A failed to designate which defendant must administer the claim and pay benefits and that contribution rights were not preserved. The WCAB granted both petitions, amending the decision to allow defendants credit for amounts reimbursable to EDD under Labor Code sections 4903(f) and 4904, to list all PD advances, and to designate Everest as the administering defendant for indemnity and medical treatment with contribution from Cypress under section 5500.5(e). The Board reversed the WCJ's prior view that the joint-and-several future medical award was final and not subject to reconsideration, holding that a grant of reconsideration reopens the entire record.

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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