Neftin Westlake Car Company; California Indemnity Insurance Company, administered by Gallagher Bassett Services, Inc.; Fremont Insurance Company, in liquidation, administered by CIGA Joseph Gioia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH GIOIA, Applicant,vs.NEFTIN WESTLAKE CAR COMPANY; CALIFORNIA INDEMNITYINSURANCE COMPANY, administered by GALLAGHER BASSETTSERVICES, INC.; FREMONT INSURANCE COMPANY, in liquidation, administered by CIGA, Defendants.Case Nos. ADJ626438 (VNO 0450164)ADJ3665608 (VNO 0450166)ADJ3570389 (VNO 0521859)ADJ8592142OPINION AND ORDERS DENYING CIIC’S PETITION FOR RECONSIDERATION, GRANTING CIGA’S PETITION FOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION We have considered the allegations of both Petitions for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated in said report, which we adopt and incorporate, we will deny CIIC’s Petition for Reconsideration, grant CIGA’s Petition for Reconsideration, amend the WCJ’s decision as recommended in his report, and otherwise affirm the decision of March 18, 2013. In adopting the WCJ’s Report, we note that his references to the “Unemployment Insurance Code” should have been to the “Insurance Code.”/ / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that CIIC’s Petition for Reconsideration is DENIED. IT IS FURTHER ORDERED that CIGA’s Petition for Reconsideration is GRANTED. IT IS FURTHER ORDERED that as the Decision After Reconsideration, the decision of March 18, 2013 is AFFIRMED, EXCEPT that it is AMENDED as follows:”JOINT FINDINGS OF FACT[justify] 1. Joseph Gioia, born 2/21/52, while employed during the period[/justify][justify] 2/14/94 through 3/3/98, as amended (ADJ626438 [MF]), 6/1/99 -[/justify][justify] 7/5/99 (ADJ8592142 [1]), 6/
Joseph Gioia vs. Neftin Westlake Car Company; California Indemnity Insurance Company, Administered By Gallagher Bassett Services, Inc.; Fremont Insurance Company, In Liquidation, Administered By CIGA
This case involves Joseph Gioia, a car salesman employed by Neftin Westlake Car Company from 1994-1998, 1999-1999, and 1997-1999. He sustained injuries to his left shoulder, right knee, cervical spine, and low back during this time. The California Indemnity Insurance Company (CIIC) insured the company from 1996-1997, Fremont Insurance Company in liquidation and administered by CIGA from 1997-1998, and Mid-Century/Farmers Inc. from 1998-1999. The Workers' Compensation Appeals Board denied CIIC's Petition for Reconsideration, granted CIGA's Petition for Reconsideration, and amended the WCJ's decision as recommended in his report
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ626438
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