Home/Case Law/FELICITAS HELLMICH vs. LAKE ELSINORE UNIFIED DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ICW GROUP, ACE USA
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FELICITAS HELLMICH vs. LAKE ELSINORE UNIFIED DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ICW GROUP, ACE USA

Filed: Oct 25, 2010
ADJ2639902 (RIV 0043796)

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ACE sought reconsideration of an arbitrator's award finding a single cumulative trauma injury and holding ACE responsible for reimbursement to CIGA and ICW. The Board denied reconsideration, affirming that under Labor Code § 5500.5, ACE is solely liable for the cumulative trauma injury due to its coverage during the final year of exposure. ACE's arguments regarding specific injuries and applicability of case law were rejected as contrary to Agreed Medical Evaluator findings and statutory mandates. The Board found ACE's liability for all benefits is established regardless of prior payments by other insurers or the reasonableness of treatment, which can be addressed separately if needed.

Full Decision Text1 Pages

ACE sought reconsideration of an arbitrator's award finding a single cumulative trauma injury and holding ACE responsible for reimbursement to CIGA and ICW. The Board denied reconsideration, affirming that under Labor Code § 5500.5, ACE is solely liable for the cumulative trauma injury due to its coverage during the final year of exposure. ACE's arguments regarding specific injuries and applicability of case law were rejected as contrary to Agreed Medical Evaluator findings and statutory mandates. The Board found ACE's liability for all benefits is established regardless of prior payments by other insurers or the reasonableness of treatment, which can be addressed separately if needed.

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