Home/Case Law/BARRY PRIES vs. LIVERMORE AUTO CENTER, MARKEL SERVICES OMAHA, HARVEY & MADDLING, INC., dba DUBLIN HONDA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS for ULLICO CASUALTY COMPANY
Regular DecisionWorkers' Compensation

BARRY PRIES vs. LIVERMORE AUTO CENTER, MARKEL SERVICES OMAHA, HARVEY & MADDLING, INC., dba DUBLIN HONDA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS for ULLICO CASUALTY COMPANY

Filed: Oct 17, 2017
Oakland
ADJ10526250

CompFox AI Summary

The Appeals Board affirmed a stipulated award where the applicant settled a claim for a 2005 injury for $7,500. CIGA argued that this settlement improperly impacted its potential recovery for a 2008 injury, claiming benefits it paid were actually due to the earlier injury and that Virginia Surety was "other insurance." However, the Board found CIGA failed to establish joint and several liability between CIGA and Virginia Surety for the benefits at issue. The settlement itself does not alter CIGA's burden to prove such liability to seek reimbursement from Virginia Surety.

Full Decision Text1 Pages

The Appeals Board affirmed a stipulated award where the applicant settled a claim for a 2005 injury for $7,500. CIGA argued that this settlement improperly impacted its potential recovery for a 2008 injury, claiming benefits it paid were actually due to the earlier injury and that Virginia Surety was "other insurance." However, the Board found CIGA failed to establish joint and several liability between CIGA and Virginia Surety for the benefits at issue. The settlement itself does not alter CIGA's burden to prove such liability to seek reimbursement from Virginia Surety.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

BARRY PRIES vs. LIVERMORE AUTO CENTER, MARKEL SERVICES OMAHA, HARVEY & MADDLING, INC., dba DUBLIN HONDA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS for ULLICO CASUALTY COMPANY (2017) – Oakland | CompFox