CONFORTI PLUMBING aka HANGTOWN GENERAL ENGINEERS; CALIFORNIA INDEMNITY INSURANCE COMPANY, Adjusted By GAB ROBINS, MICHAEL BARNES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL BARNES, Applicant,vs.CONFORTI PLUMBING aka HANGTOWN GENERAL ENGINEERS; CALIFORNIAINDEMNITY INSURANCE COMPANY,Adjusted By GAB ROBINS, Defendant(s).Case No. ADJ4609976 (SAC 0311940)OPINION AND ORDERS GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL AND DISMISSING PETITION FOR RECONSIDERATION State Compensation Insurance Fund (SCIF) seeks reconsideration and/or removal following the April 30, 2009 Order of the workers’ compensation administrative law judge (WCJ), wherein the WCJ ordered Case Number ADJ4609976 (SAC 0311940) off calendar and noted that “[t]he parties need to select an arbitrator and proceed to arbitration on CIGA’s [sic] contribution claim.” (Minutes of Hearing, 4/30/09, p. 2.) (The WCJ erroneously referred to California Insurance Guarantee Association (CIGA) rather than California Indemnity Insurance Company (California Indemnity) in his instruction regarding arbitration of California Indemnity’s Petition for Contribution. CIGA is not a party in this matter.) The WCJ also denied SCIF’s motion to dismiss the Petition for Contribution filed by defendant California Indemnity. SCIF contends that the Workers’ Compensation Appeals Board (WCAB) does not have jurisdiction over it in Case Number ADJ4609976 (SAC 0311940) as it was a party only in ADJ1009578 (SAC 0313422), applicant’s claim of cumulative injury from May 2001 to July 2, 2001, which was dismissed on August 10, 2005. SCIF further contends that any new filing for a , 2001 cumulative injury is barred by the statute of limitations. Additionally, SCIF argues that it would be irreparably harmed in being forced to pay the costs and expenses in defending against the claim for contribution and would be prejudiced in not being able to conduct discovery. No Answer was filed. In
Michael Barnes, vs. Conforti Plumbing Aka Hangtown General Engineers; California Indemnity Insurance Company, adjusted By Gab Robins,
(SAC 0311940) is a case involving Michael Barnes, an applicant, and Conforti Plumbing aka Hangtown General Engineers and California Indemnity Insurance Company, adjusted by GAB Robins, the defendants. The State Compensation Insurance Fund (SCIF) sought reconsideration and/or removal following the April 30, 2009 Order of the workers' compensation administrative law judge (WCJ). The WCJ ordered the case off calendar and noted that the parties needed to select an arbitrator and proceed to arbitration on California Indemnity's Petition for Contribution. SCIF argued that the Workers' Compensation Appeals Board (WCAB) did not have jurisdiction over it in this case as it was a party only in a previous case which
- Filed On:
- Court: California, Sacramento
- Case No. ADJ4609976
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