Home/Case Law/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
Regular DecisionReconsideration

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

Filed: Jul 12, 2011
San Francisco
ADJ2510153 (MON 0272426) ADJ1370718 (MON 0285125)

CompFox AI Summary

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further proceedings.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.

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The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further proceedings.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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