Stellar Spa and Fireman’s Fund Insurance Company; Spa De Novato; Cymru Electric; and State Compensation Insurance Fund Abu Powell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAABU POWELL, Applicantvs.STELLAR SPA and FIREMAN’S FUNDINSURANCE COMPANY; SPA DENOVATO; CYMRU ELECTRIC; and STATE COMPENSATION INSURANCE FUND, DefendantsCase No. SRO 131835; SRO 132035OPINION AND ORDERGRANTING RECONSIDERATION ANDDECISION AFTERRECONSIDERATION Defendant State Compensation Insurance Fund (SCIF), the insurer of Cymru Electric (Cymru) and of Spa De Novato (Novato) during the relevant period, seeks reconsideration of the Findings and Award Re: Contribution of November 6, 2007, wherein the workers’ compensation arbitrator (arbitrator) found, in essence, that the admitted industrial injury that applicant sustained to his upper extremities during the period from October 19, 2003, through October 18, 20041, while employed as an electrician by Cymru and as a masseur by Stellar Spa and by Novato, was caused 6% by applicant’s employment with Novato, 33% by his employment with Stellar Spa, and 61% by his employment with Cymru. The arbitrator also found that the claim of co-defendant Fireman’s Fund Insurance Company (Fireman’s Fund), the insurer of Stellar Spa during the relevant period, against SCIF for contribution is not barred by the statute of limitations pursuant to Labor Code section 5500.52. The arbitrator, therefore, ordered SCIF on behalf of Cymru to pay Fireman’s Fund $15,187.50, which is 61% of the benefits paid to applicant. 1 The case number assigned to applicant’s cumulative injury herein is SRO 132035. However, SCIF only listed case number SRO 131835 in the caplion of its petition for reconsideration. That case number is for a specific injury for which it appears there is no dispute that SClF is solely liable.2 All further statutory references are to the Labor Code. , SClF on behalf of Cymru contends that the arbitrator erre
Abu Powell vs. Stellar Spa And Fireman’s Fund Insurance Company; Spa De Novato; Cymru Electric; And State Compensation Insurance Fund
In this case, Abu Powell was injured while employed as an electrician by Cymru Electric and as a masseur by Stellar Spa and Spa De Novato. Fireman's Fund Insurance Company, the insurer of Stellar Spa, settled the claim for ordinary workers' compensation benefits and sought reimbursement from State Compensation Insurance Fund, the insurer of Cymru Electric and Spa De Novato. The Workers' Compensation Appeals Board granted reconsideration and reversed the Findings and Award Re: Contribution, concluding that State Compensation Insurance Fund was not liable for contribution as Fireman's Fund's petition for contribution, while timely filed against a different co-defendant, was amended to add Cymru Electric more than one year after the award of compensation. The Board
- Filed On:
- Court: California, Santa Rosa
- Case No. SRO131835
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