PanelQMEMed-legalRemanded
Henke, Donald
DONALD HENKE, Applicant vs. THUMS LONG BEACH COMPANY; CIGA for FREMONT CORPORATION in liquidation; OCCIDENTAL PETROLEUM CORPORATION, insured by NEW HAMPSHIRE INSURANCE COMPANY, adjusted by GALLAGHER BASSETT SERVICES, Defendants
- ADJ number
- ADJ9800810
- Decision date
- Jun 12, 2025
- District office
- Sacramento
- WCJ
- —
- Claim administrator
- Gallagher Bassett Services (for New Hampshire Insurance Company); California Insurance Guarantee Association (for Fremont Indemnity Company in liquidation)
- Commissioners
- JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
Injury / body parts: lumbar spine, thoracic spine, right shoulder, head, neck, upper extremities, hips, psyche, back
LC §5903LC §5952CCR §10964
Summary
Applicant Donald Henke sustained two specific injuries: a June/July 1998 injury (lumbar spine, thoracic spine, right shoulder) while employed by THUMS Long Beach Company insured by insolvent Fremont (administered by CIGA) in ADJ3318010, and a November 28, 2013 injury (head, neck, upper extremities, hips, psyche, back) while employed by Occidental Petroleum insured by New Hampshire in ADJ9800810. The WCJ granted CIGA's petition for change of administrator, ordering New Hampshire/Gallagher Bassett to take over administration of the 1998 award. New Hampshire sought reconsideration, arguing no overlap existed between the injuries and thus no joint and several liability for 'other insurance.' The Board found the medical record insufficient to establish which injury caused the current need for treatment to the disputed body parts, since causation of treatment requires substantial medical evidence that was lacking. The Board rescinded the February 9, 2022 F&O and returned the matter to the trial level to develop the medical record on treatment causation.
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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