Gonzalo Sis vs. Mgm Converters, Inc.; Everest National Insurance Company

In this case, Gonzalo Sis filed a workers' compensation claim against MGM Converters, Inc. and Everest National Insurance Company. The claims were resolved by an Order Approving Compromise and Release. Everest then filed a petition for contribution from California Indemnity Insurance Company (CIIC). The arbitrator ordered CIIC to reimburse Everest the sums of $49,025.00, and $58,029.12. CIIC then filed a petition for reconsideration, arguing that the petition was not timely filed and that the medical reports of Everest's qualified medical evaluator were not substantial evidence. The Workers' Compensation Appeals Board granted reconsideration and rescinded the arbitrator's decision, returning the matter to the trial level

MGM Converters, Inc.; Everest National Insurance Company Gonzalo Sis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGONZALO SIS, Applicant, vs.MGM CONVERTERS, INC.; EVEREST NATIONAL INSURANCE COMPANY, CALIFORNIA INDEMNITY INSURANCE COMPANY, Defendant(s).Case Nos. ADJ2599827 (LAO 0802863)ADJ3258052 (LAO 0802864)ADJ4519810 (LAO 0802865)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant California Indemnity Insurance Company’s (CIIC) petition for reconsideration of the arbitrator’s Summary of Evidence, Opinion on Decision and Arbitrator’s Decision, dated February 19, 2011, wherein the arbitrator, following proceedings on the issue of contribution, ordered that CIIC reimburse Everest National Insurance Company (Everest) the sums of $49,025.00, and $58,029.12. This is our Opinion and Decision After Reconsideration. Applicant’s claims that he sustained industrial injury to his back, lower extremities, psyche, circulatory system, abdomen, and other body systems were resolved by the February 10, 2009 Order Approving Compromise and Release.            CIIC contends no contribution should have been ordered, arguing that applicant did not sustain a cumulative trauma injury during CIIC’s coverage, that a petition for contribution was not timely filed, that the medical reports of Everest’s qualified medical evaluator are not substantial evidence, that the Compromise and Release between Everest and applicant “is not substantial evidence, not in compliance with the law, and fails to address Benson in reaching the outlandish settlement.” CIIC further contends that the computations on contribution are erroneous, and that the arbitrator’s decision violates due process because it is vague, ambiguous, lacks clarity and fails to mention key points of contention. ,             We have considered the Petition for Reconsideration and the arbitrator’s Report and Recommendation on Petition for Reconsideration Dated March 18, 2011 (Report), and we

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