1myrna Perez, vs. Fidelity Federal Bank; Tig Specialty Insurance Co., Administered By Rem, Ltd And Golden Eagle,

In this case, Myrna Perez settled her claim for industrial cumulative trauma injury while employed as an Operations Supervisor by Fidelity Federal Bank, insured by TIG and Golden Eagle, by Compromise and Release Agreement for $170,000.00. TIG then filed a petition for contribution against Golden Eagle in the sum of $101,083.39. The Workers' Compensation Appeals Board granted Golden Eagle's petition for reconsideration, rescinded the Order of Contribution, and returned the matter for informal resolution or arbitration of co-defendant's TIG's claim for contribution.

FIDELITY FEDERAL BANK; TIG SPECIALTY INSURANCE CO., Administered by REM, LTD and GOLDEN EAGLE, 1MYRNA PEREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMYRNA PEREZ, Applicant,vs.FIDELITY FEDERAL BANK; TIG SPECIALTY INSURANCE CO., Administered by REM, LTD and GOLDEN EAGLE, Defendants.Case No. ADJ1009271 (AHM 0055424)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant. Golden Eagle Insurance Corporation (“Golden Eagle”), seeks reconsideration of the Order of Contribution, issued February 2, 2009, in which a workers’ compensation administrative law judge (WCJ) ordered Golden Eagle to pay $101,083.39, to defendant Fidelity Federal Bank, TIG Specialty Insurance Company (TIG), as administered by REM, Ltd, finding Golden Eagle did not show good cause in response to the December 12, 2008 Notice of Intention to Grant Petition for Contribution.            Golden Eagle contends the WCJ erred in issuing the Order of Contribution, asserting that it was never served with the Notice of Intention to Grant Petition for Contribution, and that pursuant to Labor Code section 5275, the matter should be submitted to mandatory arbitration.            Labor Code section 5275, the matter should be submitted to mandatory arbitration. As Labor Code section 5275 provides that disputes involving the right of contribution under Section 5500.5 “shall be submitted for arbitration,” we shall grant Golden Eagle’s petition for reconsideration, rescind the Order of Contribution, and return this matter for informal resolution or arbitration of co-defendant’s TIG’s claim for contribution.            Applicant settled her claim for industrial cumulative trauma injury over the period ending , February 13, 1995, while employed as an Operations Supervisor by Fidelity Federal Bank, insured by TIG and Golden Eagle, by Compromise and Release Agreement for $170,000.00 on October 1, 2007. In that agreement, TIG and Golden Eagle stipulated that TIG and

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