James Robertson vs. Angotti & Reilly, Inc.; Cna Insurance; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation; Republic Indemnity Company Of America; Majestic Insurance Company

This case involves James Robertson, an applicant, and Angotti & Reilly, Inc., CNA Insurance, California Insurance Guarantee Association for Fremont Insurance Company, in liquidation, Republic Indemnity Company of America, and Majestic Insurance Company, defendants. Robertson sustained several industrial injuries while employed as a carpenter by Angotti & Reilly, Inc. The Workers' Compensation Appeals Board affirmed the five separate Findings and Awards issued by the workers' compensation administrative law judge, which parceled out the current permanent disability to its individual industrial causative sources. The Board held that the new regime of apportionment created by the adoption of Senate Bill 899 no longer supported the routine application of the Wilkinson holding that the permanently disabling effects of several industrial

Angotti & Reilly, Inc.; CNA Insurance; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation; Republic Indemnity Company Of America; Majestic Insurance Company James Robertson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES ROBERTSON, Applicant,vs.    ANGOTTI & REILLY, INC.; CNA INSURANCE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation; REPUBLIC INDEMNITY COMPANY OF AMERICA; MAJESTIC INSURANCE COMPANY, Defendant.Case Nos. SFO 440183; SFO 440184; SFO 440185; SFO 445806; SFO 455421OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted applicant’s petition for reconsideration of the five separate May 25, 2006 Findings and Awards of the workers’ compensation administrative law judge (WCJ), wherein it was found that applicant incurred several industrial injuries while employed as a carpenter by Angotti & Reilly as follows: 1) to his right knee on September 17, 1993, while A&R was insured by CNA, causing 20-1/2% permanent disability (SFO 440183); 2) to his left knee and back on April 5, 1996, while A&R was insured by CNA Insurance (CNA), causing 17-3/4% permanent disability (SFO 440184); 3) to his bilateral knees and back during the cumulative trauma period through March 18, 2000, while A&R was insured by Fremont Insurance Company, now in liquidation, with the California Insurance Guarantee Association (CIGA) now responsible for its covered claims (SFO 440185); 4) to his back during the cumulative trauma period through March 5, 2001, while A&R was insured by Republic Indemnity Company of America (Republic), causing 6-3/4% permanent disability (SFO 445806); 5) to his left ankle and groin (hernia) on January 9, 2002, while A&R was insured by Majestic Insurance Company (Majestic), causing no permanent , disability (SFO 455421).1            Applicant, citing Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [42 Cal.Comp.Cases 406 (Wilkinson), contends th

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