Earthspectivesihkr Engineering, Inc. and Rli Insurance Company, administered by Gallagher Bassett Services, Inc,/ Travelers Property Casualty Company Of America, Berj Aliksanian, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERJ ALIKSANIAN,Applicant,vs.EARTHSPECTIVESIHKR ENGINEERING, INC. and RLI INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC,/ TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,Defendants.Case No. ADJ8497093(Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, RLI Insurance Company, administered by Gallagher Bassett, (RLI) seeks reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on February 24, 2017, wherein the WC] found in pertinent part that the date of the cumulative trauma injury is November 16, 2010 through November 16, 2011. RLI contends that pursuant to Labor Code section 54121 the date of the cumulative trauma injury is August 2010 or alternatively the date is February 2011 and that the co-defendant, Travelers Property Casualty Company of America (Travelers) was the employer’s insurance carrier on the date of injury. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We have not received an Answer from Travelers. We have considered the allegations in the Petition and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will grant reconsideration for the limited purpose of amending Finding of Fact 3 to find that the date of injury is based upon Labor Code section 5412, and will otherwise affirm the F&O. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , BACKGROUND Applicant claimed a cumulative trauma injury to his back, during the period from November 16, 2010 t
Berj Aliksanian, vs. Earthspectivesihkr Engineering, Inc. And Rli Insurance Company, Administered By Gallagher Bassett Services, Inc,/ Travelers Property Casualty Company Of America,
In this case, Berj Aliksanian claimed a cumulative trauma injury to his back, during the period from November 16, 2010 through November 16, 2011, his last date of employment with EarthSpectives. The Workers' Compensation Appeals Board found that the date of injury was November 16, 2011, pursuant to Labor Code section 5412, and that EarthSpectives was the employer for the year prior to that date, so RLI Insurance Company was liable for benefits pursuant to section 5500.5.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ8497093
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