PanelRemanded
De Leon, Brenda
BRENDA DE LEON, Applicant vs. ROBINSON’S PHARMA, INC.; GREAT AMERICAN INSURANCE COMPANY, administered by STRATEGIC COMP; CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY, Defendants
- ADJ number
- ADJ14930871
- Decision date
- May 28, 2025
- District office
- Santa Ana
- WCJ
- Robert Drakulich, Arbitrator
- Claim administrator
- Strategic Comp (administering Great American Insurance Company); Cypress Insurance Company / Berkshire Hathaway
- Commissioners
- KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER
LC §5412LC §5909LC §5900LC §3201.5LC §3201.7LC §5313LC §5272LC §5952CCR §10964CCR §10600CCR §10990CCR §10962CCR §10914CCR §10803CCR §10615CCR §10566CCR §10800CCR §10205CCR §10305CCR §10995CCR §10205.12
Summary
This case involves a contribution dispute between two carriers covering Robinson's Pharma, Inc. regarding applicant Brenda De Leon. A workers' compensation arbitrator (WCA) issued a Findings & Order on October 7, 2024 finding the date of injury was November 7, 2021 (with an injurious period of November 7, 2020 to November 7, 2021), denying Strategic Comp's Petition for Contribution against Cypress Insurance Company. Strategic Comp sought reconsideration, arguing the date of injury under Labor Code section 5412 should be June 22, 2021 and that the WCA failed to consider material evidence (Exhibits E-O). The Appeals Board found the arbitration record was incomplete and improperly filed—lacking a proper Summary of Evidence, evidentiary rulings, transcript, and properly identified/admitted exhibits—making meaningful review impossible. The Board granted reconsideration, rescinded the F&O, and returned the matter to the WCA for further proceedings on a proper record.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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