Home/Case Law/JOHN SCHAUFUS vs. SHIRLEY BROTHERS, INC., LIBERTY MUTUAL INSURANCE CO., FERRANTE CONSTRUCTION, GOLDEN EAGLE INSURANCE CORPORATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOHN SCHAUFUS vs. SHIRLEY BROTHERS, INC., LIBERTY MUTUAL INSURANCE CO., FERRANTE CONSTRUCTION, GOLDEN EAGLE INSURANCE CORPORATION, STATE COMPENSATION INSURANCE FUND

Filed: Feb 27, 2012
San Francisco
ADJ758263 (VNO 0361187)

CompFox AI Summary

The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.

Full Decision Text1 Pages

The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.

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JOHN SCHAUFUS vs. SHIRLEY BROTHERS, INC., LIBERTY MUTUAL INSURANCE CO., FERRANTE CONSTRUCTION, GOLDEN EAGLE INSURANCE CORPORATION, STATE COMPENSATION INSURANCE FUND (2012) – San Francisco | CompFox