Entertainment Partners; American Home Assurance, Administered By Aig Claims Services; Cast & Crew Entertainment, administered by Zurich North America; Entertainment Partners; American Casualty Company Of Reading, Pennsylvania, Adjusted By Cna Claims Plus, Dana Swartout, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANA SWARTOUT,Applicant,vs.ENTERTAINMENT PARTNERS; AMERICAN HOME ASSURANCE, administered by AIG CLAIMS SERVICES; CAST & CREW ENTERTAINMENT, administered by ZURICH NORTH AMERICA;ENTERTAINMENT PARTNERS; AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, adjusted by CNA CLAIMS PLUS,Defendants.Case Nos. ADJ1532047 (MON 0353451)ADJ4484214 (MON 0321531)ADJ1095231(MON0321532)ADJ7900801(Marina Del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in this matter to further study the factual and legal issues. This is our Opinion and Decision After Reconsideration.I. Defendants Zurich North America (Zurich), American Home Assurance (American Home) and American Casualty Company of Reading, Pennsylvania (American Casualty), each petition for reconsideration of the Joint Findings of Fact, Award and Order issued by the workers’ compensation administrative law judge (WCJ) in these cases on September 8, 2016. In that decision, the WCJ found that applicant, Dana Swartout, born ‘, sustained injuries arising out of and in the course of his employment as a truck driver by defendant, Cast & Crew to his back, neck and shoulder on December 6, 2002 (case ADJ4484214) and by defendant, Entertainment Partners during a cumulative period ending , April 13, 2004, to his back, neck and psyche (case ADJ1095231), on August 30, 2007, to his neck and low back (case ADJ1532047) and during a cumulative period from 2006, to September 7, 2007, to his neck, back and psyche (case ADJ7900801 ), resulting in need of further medical treatment, intermittent temporary disability and permanent total disability. The WCJ also found
Dana Swartout, vs. Entertainment Partners; American Home Assurance, Administered By Aig Claims Services; Cast & Crew Entertainment, Administered By Zurich North America; Entertainment Partners; American Casualty Company Of Reading, Pennsylvania, Adjusted By Cna Claims Plus,
This case involves a worker, Dana Swartout, who sustained injuries to his back, neck, shoulder, and psyche while working for various employers. The employers were insured for workers' compensation liability by Zurich North America, American Home Assurance, and American Casualty Company of Reading, Pennsylvania. The Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues. After a commissioners' settlement conference, the parties agreed to enter into a Compromise and Release, which was approved by the Board. The Board rescinded the Joint Findings of Fact, Award and Order issued on September 8, 2016, and approved the Compromise and Release, including the attorneys' fee requested.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ1532047
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