Consuelo Amador vs. Jimway, Inc.; California Insurance Guarantee Association For Fremont Indemnity Insurance Company, In Liquidation, By Cambridge Integrated Services; State Compensation Insurance Fund

This case involves a claim for workers' compensation benefits by Consuelo Amador, who sustained a cumulative trauma injury while employed by Jimway, Inc. as a quality control supervisor. Fremont Indemnity Insurance Company provided the employer with workers' compensation insurance from November 11, 1999, through July 16, 2000, and the State Compensation Insurance Fund provided the insurance from July 17, 2000 through the end of the period of injurious exposure, November 9, 2000. On September 26, 2005, applicant and SCIF stipulated that all of applicant's industrial injuries together caused 49% permanent disability and a need for medical treatment. The California Insurance Guarantee Association (CIGA) sought contribution from SCIF, who had become responsible for Fremont

Jimway, Inc.; California Insurance Guarantee Association For Fremont Indemnity Insurance Company, in liquidation, By Cambridge Integrated Services; State Compensation Insurance Fund Consuelo Amador WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACONSUELO AMADOR, Applicant,vs.    JIMWAY, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. MON 0271251; MON 0271252; MON 0271253OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            The California Insurance Guarantee Association (CIGA) seeks reconsideration of the October 22, 2007 Decision of the Arbitrator acting pursuant to the authority of Labor Code section of Fremont Indemnity Insurance Company (Fremont), in liquidation, were both liable for applicant’s permanent disability resulting from her cumulative trauma injury, with 68% liability allocated to Fremont/CIGA and 32% allocated to SCIF.            Earlier, on September 26, 2005, applicant and SCIF stipulated that applicant incurred industrial injuries to multiple body parts while employed by Jimway, Inc., as a quality control supervisor on November 6, 1997, June 16,2000, and during the period from November 6, 1997 to November 9, 2000, causing 49% permanent disability and a need for medical treatment.            CIGA contends that applicant’s claim for workers’ compensation benefits as a result of cumulative trauma injury is not a “covered claim” under Insurance Code section 1063.1(c)(9) because SCIF is “other insurance” available to applicant for that injury within the meaning of that Insurance Code section. For this reason, CIGA contends that SCIF should have been found solely , liable for all the permanent disability indemnity due applicant as a result of the cumulative trauma industrial injury.1            We reverse the October 22, 2007 Decision of the Arbitrator and find that SC

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.