Home/Case Law/VICTORINO LARA vs. PAPER PAK INDUSTRIES, EVEREST NATIONAL c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, UNITED STATES FIRE INSURANCE COMPANY c/o CRUM & FORSTER
Regular DecisionReconsideration

VICTORINO LARA vs. PAPER PAK INDUSTRIES, EVEREST NATIONAL c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, UNITED STATES FIRE INSURANCE COMPANY c/o CRUM & FORSTER

Filed: May 16, 2019
Pomona
ADJ9168399 ADJ9168400 ADJ9194488

CompFox AI Summary

The Workers' Compensation Appeals Board denied United States Fire Insurance Company's (USFIC) petition for reconsideration. USFIC argued it should not reimburse Everest National for lien resolution expenses, claiming Everest's petition for contribution was untimely and the issue should be arbitrated. However, the Board found that the approved Compromise and Release agreement, signed by both parties, contractually obligated USFIC to pay its proportionate share of liens. This agreement's language and the parties' conduct supported the WCJ's decision that no separate contribution petition was required.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied United States Fire Insurance Company's (USFIC) petition for reconsideration. USFIC argued it should not reimburse Everest National for lien resolution expenses, claiming Everest's petition for contribution was untimely and the issue should be arbitrated. However, the Board found that the approved Compromise and Release agreement, signed by both parties, contractually obligated USFIC to pay its proportionate share of liens. This agreement's language and the parties' conduct supported the WCJ's decision that no separate contribution petition was required.

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VICTORINO LARA vs. PAPER PAK INDUSTRIES, EVEREST NATIONAL c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, UNITED STATES FIRE INSURANCE COMPANY c/o CRUM & FORSTER (2019) – Pomona | CompFox