Home/Case Law/ABU POWELL vs. STELLAR SPA, FIREMAN'S FUND INSURANCE COMPANY, SPA DE NOVATO, CYMRU ELECTRIC, STATE COMPENSATION INSURANCE FUND
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ABU POWELL vs. STELLAR SPA, FIREMAN'S FUND INSURANCE COMPANY, SPA DE NOVATO, CYMRU ELECTRIC, STATE COMPENSATION INSURANCE FUND

Filed: Jan 24, 2008
SRO 131835, SRO 132035

CompFox AI Summary

This case concerns a contribution claim for workers' compensation benefits. The Appeals Board reversed an arbitrator's award, ruling that Fireman's Fund's claim for contribution against SCIF as Cymru Electric's insurer was time-barred. Specifically, amending a petition to add a new co-defendant more than one year after the compensation award is considered a new cause of action, even if the original petition was timely filed against another party. Therefore, Fireman's Fund is only entitled to reimbursement from SCIF on behalf of Spa De Novato.

Full Decision Text1 Pages

This case concerns a contribution claim for workers' compensation benefits. The Appeals Board reversed an arbitrator's award, ruling that Fireman's Fund's claim for contribution against SCIF as Cymru Electric's insurer was time-barred. Specifically, amending a petition to add a new co-defendant more than one year after the compensation award is considered a new cause of action, even if the original petition was timely filed against another party. Therefore, Fireman's Fund is only entitled to reimbursement from SCIF on behalf of Spa De Novato.

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ABU POWELL vs. STELLAR SPA, FIREMAN'S FUND INSURANCE COMPANY, SPA DE NOVATO, CYMRU ELECTRIC, STATE COMPENSATION INSURANCE FUND (2008) – | CompFox