WCPanelIQ
PanelDenied

Paride Ascenzi — ADJ11937911

JOCELYN A ASUNCION (deceased); PARIDE ASCENZI (deceased), Applicants vs. HEATHER DAWN PETERSEN; STATE FARM MUTUAL AUTO INSURANCE COMPANY; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON, Defendants

ADJ number
ADJ11937911
Decision date
Aug 24, 2026
District office
Riverside
WCJ
Natt Alschuler (Workers' Compensation Arbitrator)
Claim administrator
Sedgwick Claims Management Services, Inc. (for State Farm Mutual Auto Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: death (fatal injuries)

LC §5313LC §5903LC §5275LC §5909LC §5900LC §3207LC §3351

Summary

Two domestic employees, husband and wife Paride Ascenzi and Jocelyn Asuncion, died on March 30, 2018, while transporting their homeowner/employer Heather Dawn Petersen's work vehicle from her Temecula residence to her Truckee residence. The Temecula residence was insured by State Farm with valid and collectible workers' compensation coverage, while the Truckee residence was insured by Certain Underwriters at Lloyd's of London under a liability policy lacking a workers' compensation endorsement. The arbitrator found that although Underwriters' policy would be construed to include workers' compensation coverage under Insurance Code section 11590, that coverage did not apply because State Farm had existing, valid, and collectible workers' compensation insurance. State Farm sought reconsideration arguing for equitable contribution/reimbursement from Underwriters, which the Board denied, holding that under the clear language of Insurance Code section 11590, liability falls solely on the policy with existing, valid, and collectible workers' compensation coverage—here, State Farm.

Issues

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Holding

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