Home/Case Law/ALBERT CARRABELLO vs. RGW CONSTRUCTION, OLD REPUBLIC INSURANCE CORPORATION
Regular DecisionReconsideration

ALBERT CARRABELLO vs. RGW CONSTRUCTION, OLD REPUBLIC INSURANCE CORPORATION

Filed: Sep 12, 2013
San Francisco
ADJ4118969 (SJO 0267767)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) has jurisdiction to adjudicate the disbursement of third-party settlement proceeds, overturning a prior WCAB decision that found otherwise. The original WCAB ruling erroneously concluded it lacked jurisdiction over the distribution of funds from a third-party personal injury settlement arising from an industrial accident. The Appeals Board clarified that disputes regarding reimbursement from third-party settlements, including issues of employer fault, fall within its purview, regardless of whether a civil suit was filed. Therefore, the case is remanded to the trial level for a determination on the proper distribution of these settlement funds.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) has jurisdiction to adjudicate the disbursement of third-party settlement proceeds, overturning a prior WCAB decision that found otherwise. The original WCAB ruling erroneously concluded it lacked jurisdiction over the distribution of funds from a third-party personal injury settlement arising from an industrial accident. The Appeals Board clarified that disputes regarding reimbursement from third-party settlements, including issues of employer fault, fall within its purview, regardless of whether a civil suit was filed. Therefore, the case is remanded to the trial level for a determination on the proper distribution of these settlement funds.

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