EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY, MARIA CASTILLO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA CASTILLO, Applicant,vs.EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY, Defendant(s).Case No. ADJ2143506 (AHM 0139193)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Cypress Insurance Company (Cypress) seeks reconsideration of the December 15, 2008 Order Denying Petition For Joinder of the workers’ compensation administrative law judge (WCJ) who denied Cypress’ petition to join the State Compensation Insurance Fund (SCIF) as a party defendant because the case was earlier settled by a compromise and release. Applicant’s claim of industrial injury to her back and other body parts while working as an assembler for defendant El Rob, Inc., during the cumulative trauma period from 2003 to November 17, 2005, was settled by a compromise and release agreement between applicant and Cypress with a lump sum payment to applicant of $40,000, as approved by the order of a different WCJ on May 13,2008. Cypress contends that the May 13, 2008 compromise and release does not bar it from pursuing its claim for contribution against SCIF and that its petition to join SCIF as a party defendant should have been granted. Reconsideration is granted and the December 15, 2008 Order Denying Petition for Joinder is rescinded. The case is returned to the trial level. Applicant filed a claim for cumulative trauma industrial injury and her case was settled by compromise and release on May 13, 2008, as described above. On July 28, 2008, Cypress filed a petition for contribution, alleging that SCIF provided the employer with workers’ compensation , insurance from April 1, 2002 through April 1, 2005, and that a portion of that time fell within the last year of the alleged cumulative trauma period. SCIF did not file a response to the petit
Maria Castillo, vs. El Rob, Inc.; Berkshire Hathaway Companies; Cypress Insurance Company,
In this case, El Rob, Inc., Berkshire Hathaway Companies, and Cypress Insurance Company were defendants in a workers' compensation claim filed by Maria Castillo. Cypress Insurance Company sought to join the State Compensation Insurance Fund (SCIF) as a party defendant, but the petition was denied. Cypress Insurance Company then sought reconsideration of the denial, which was granted. The case was returned to the trial level for further proceedings.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2143506
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