NUPLA CORPORATION; STATE COMPENSATION INSURANCE FUND; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS, OLIVIA SOSA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOLIVIA SOSA, Applicant,vs.NUPLA CORPORATION; STATE COMPENSATION INSURANCE FUND;CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS, Defendant,Case No. ADJ857793 (VNO 550289)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the issues, we previously granted reconsideration upon our own motion following receipt of the petition of defendant, California Indemnity Insurance Company (CI), for removal or reconsideration of the December 29, 2008 Findings of Fact of the workers’ compensation administrative law judge (WCJ), who found that applicant incurred industrial injury to her “neck, back, wrists, hernia and emotions” while working for defendant as machine operator “during the period of 6/16/1998 to 4/24/2001.” The WCJ further found that defendants State Compensation Insurance Fund (SCIF), CIIC and Pacific National Insurance Company (Pacific) are “jointly and severally liable for applicant’s injury.” Prior to his December 29, 2008 ruling, the WCJ allowed applicant to elect to proceed solely against SCIF as allowed by Labor Code section 5500.5(c). In an earlier April 7, 2008 Findings the WCJ concluded that SCIF had no liability to applicant under Labor Code section 5500.5(a) because it did not insure the employer during the last year of the cumulative trauma period, and SCIF was dismissed as a defendant;1 CIIC’s petition for reconsideration of that earlier April 7, 2008 decision was granted by the Appeals Board, and in our October 30, 2008 Opinion and Decision After Reconsideration (Decision), we rescinded the WCJ’s April 7, 2008 Findings because they were not 1Further statutory references are to the Labor Code. , supported by substantial evidence, and effectively deprived CRC and Pacific of due process. We returned the case to the trial l
Olivia Sosa, vs. Nupla Corporation; State Compensation Insurance Fund; California Indemnity Insurance Company, Adjusted By Gab Robins,
(VNO 550289) is a case in which Olivia Sosa, the applicant, claimed to have incurred an industrial injury to her neck, back, wrists, hernia, and emotions while working for NUPLA Corporation as a machine operator from June 16, 1998 to April 24, 2001. The Workers' Compensation Appeals Board granted reconsideration upon their own motion following a petition from California Indemnity Insurance Company (CIIC) for removal or reconsideration of the December 29, 2008 Findings of Fact of the workers' compensation administrative law judge (WCJ). The WCJ had found that CIIC was jointly and severally liable for applicant's injury. The Appeals Board rescinded the WCJ's December 29, 2008 Findings of Fact
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ857793
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