CONTROL COMPONENTS, INC.; ARROWOOD INDEMNITY COMPANY and OLD REPUBLIC INSURANCE COMPANY, GORDON KENT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGORDON KENT, Applicant,vs.CONTROL COMPONENTS, INC.;ARROWOOD INDEMNITY COMPANY and OLD REPUBLIC INSURANCE COMPANY, Defendants.Case No. ADJ3430003 (AHM 0094014)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Arrowood Indemnity Company, formerly Royal and Sunalliance, (defendant) seeks reconsideration of the Findings of Fact of July 1, 2009, wherein the arbitrator (arbitrator) denied defendant’s request for contribution from co-defendant, Old Republic Insurance Company- (Old Republic), on the basis that defendant’s petition for contribution was untimely filed. Defendant contends that the Arbitrator erred in finding its petition for contribution against Old Republic untimely because the Labor Code gives the Appeals Board continuing jurisdiction over its awards. Further, defendant argues that it is statutorily entitled to seek contribution against Old Republic. As an alternative argument, defendant claims that it has a right to seek contribution for subsequent benefits awarded in a supplemental decision. We have received a Report and Recommendation on Petition for Reconsideration (Report) from the Arbitrator as well as an answer from Old Republic. The Arbitrator’s Report recommends that the petition for reconsideration be denied. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, amend the decision to find that defendant is entitled to seek contribution from Old Republic only with regard to supplemental award of benefits under the Order Approving Compromise and Release, and return this matter to the Arbitrator for further proceedings and , decision on the issue of Old Republic’s proportional share of liability.Statement of Facts Gordon Kent (applicant) born December 11, 1936 while
Gordon Kent, vs. Control Components, Inc.; Arrowood Indemnity Company And Old Republic Insurance Company,
- Filed On:
- Court: Anaheim, California
- Case No. ADJ3430003
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