Brenda K. Roach vs. Bridal Traditions; California Indemnity Insurance Company; Preferred Employers Insurance Company

In this case, Brenda K. Roach, a retail sales clerk, was injured to her shoulder on January 23, 2002 and to her neck, upper extremity, shoulder and hand during the cumulative trauma period from May 25, 1999 to November 24, 2002. California Indemnity Insurance Company (CIIC) sought contribution from Preferred Employers Insurance Company (Preferred) for the injury, but the Workers' Compensation Arbitrator found that there was one cumulative trauma injury from March 5, 1999 through November 24, 2002 and that CIIC was not entitled to contribution from Preferred. The Workers' Compensation Appeals Board granted reconsideration and amended the decision to find that there was one cumulative trauma injury from March 5, 1999 through November 24, 2002, aff

Bridal Traditions; California Indemnity Insurance Company; Preferred Employers Insurance Company Brenda K. Roach WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRENDA K. ROACH, Applicant,vs.BRIDAL TRADITIONS; CALIFORNIA INDEMNITY INSURANCE COMPANY;PREFERRED EMPLOYERS INSURANCE COMPANY, Defendant(s).Case No. ADJ4258158 (OXN 0128983),ADJ4450153 (OXN 0136267)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Defendant California Indemnity Insurance Company (CIIC) seeks reconsideration of the March 5, 2010 Findings and Order issued by the Workers’ Compensation Arbitrator (Arbitrator) finding that there is one cumulative trauma injury from March 9, 2001 through November 24, 2002; that, pursuant to Western Growers Ins. Co. Workers’ Comp. Appeals Bd. (Austin) 58 Cal.Comp.Cases 323, the date of injury under Labor Code1 section 5412 is April 8, 2001; and that CIIC is not entitled to contribution from Preferred Employers Insurance Company (Preferred). Based on these findings, the WCJ ordered that ClIC take nothing by way of its Petition for Contribution and/or Reimbursement. Previously, applicant’s claims of injury to her shoulder on January 23, 2002 and to her neck, upper extremity, shoulder and hand during the cumulative trauma period from May 25, 1999 to November 24, 2002 while employed as a retail sales clerk settled by a March 4, 2009 Order Approving Compromise and Release for $57,500.00. On or about March 9, 2009, CIIC filed a Petition for Contribution seeking contribution and/or 1 All further statutory references are to the Labor Code, unless otherwise noted. , reimbursement from Preferred. This matter was submitted to arbitration on February 5, 2010 and resulted in the Findings and Order from which CIIC seeks reconsideration herein.            CIIC contends, essentially, that the WCJ should have found one cumulative trauma period from March 5, 1999 through November 24, 2002 pursuant to section 5500.5; that the WCJ erred in f

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