Home/Case Law/RITO HERNANDEZ vs. DEBBIE ERICKSON, PREFERRED EMPLOYERS INSURANCE COMPANY
Regular DecisionReconsideration

RITO HERNANDEZ vs. DEBBIE ERICKSON, PREFERRED EMPLOYERS INSURANCE COMPANY

Filed: Sep 11, 2019
Fresno
ADJ8093887 ADJ8093923

CompFox AI Summary

This case involves a dispute over reimbursement between insurance companies for a cumulative trauma workers' compensation injury. The Workers' Compensation Appeals Board rescinded the arbitrator's prior decision because it lacked required factual findings and a clear summary of evidence. The Board remanded the case for further proceedings, emphasizing the need to establish the applicant's date of injury under Labor Code section 5412 and contribution rights under section 5500.5. Key issues for the arbitrator to address include when the applicant gained knowledge of the work-relatedness of their disability and the proper allocation of liability among insurers.

Full Decision Text1 Pages

This case involves a dispute over reimbursement between insurance companies for a cumulative trauma workers' compensation injury. The Workers' Compensation Appeals Board rescinded the arbitrator's prior decision because it lacked required factual findings and a clear summary of evidence. The Board remanded the case for further proceedings, emphasizing the need to establish the applicant's date of injury under Labor Code section 5412 and contribution rights under section 5500.5. Key issues for the arbitrator to address include when the applicant gained knowledge of the work-relatedness of their disability and the proper allocation of liability among insurers.

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