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The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further proceedings. The Board found CIGA was not liable because other insurance from Dart's carrier, Redlands, was available to cover the applicant's specific injury. Furthermore, the Board found no substantial medical evidence supported a cumulative trauma injury claim, despite CIGA's arguments. The matter will return to the trial level for a new decision.
WAYNE W. WESTBY vs. INTERTEC DESIGN, INC., CIGA by its servicing facility, BROADSPIRE, A CRAWFORD COMPANY, SUPERIOR NATIONAL INSURANCE COMPANY in liquidation, DART INC., ZURICH INSURANCE COMPANY, INTERNATIONAL/REDLANDS INSURANCE, as administrated by GALLAGHER BASSETT is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further proceedings. The Board found CIGA was not liable because "other insurance" from Dart's carrier, Redlands, was available to cover the applicant's specific injury. Furthermore, the Board found no substantial medical evidence supported a cumulative trauma injury claim, despite CIGA's arguments. The matter will return to the trial level for a new decision.
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