SOUTHERN WINE & SPIRITS; TIG INSURANCE COMPANY; ACE USA/ESIS; and EXPLORER INSURANCE COMPANY, RAINEY RANDALL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAINEY RANDALL, Applicant,vs.SOUTHERN WINE & SPIRITS; TIG INSURANCE COMPANY; ACE USA/ESIS;and EXPLORER INSURANCE COMPANY, Defendants.Case No. ADJ2721650 (AHM 0082733)ADJ1775630 (AHM 0085375)ADJ3043671 (AHM 0094450)OPINION AND DECISION AFTER RECONSIDERATION On July 28, 2008, we granted the petition for reconsideration of defendant, ACE USA/ESIS, of the Findings and Order of May 2, 2008, to further study the issues presented. This is our Decision After Reconsideration. In the May 2, 2008 Findings and Order, the workers’ compensation judge (WCJ) found that applicant sustained an industrial-injury to her upper extremities during a period through May 20, 1997, while employed as a customer service representative by Southern Wine & Spirits, the insured on the date of injury of ACE USA/ESIS (ESIS) (known on the date of injury as Cigna). In the petition for reconsideration, ESIS contended that the WCJ erred in determining the date of injury and that the WCJ should have instead found two cumulative trauma injuries, one during a period through July 26, 1995, and the second during a period through December 2001. Defendant, TIG Insurance Company (TIG), the employer’s insurer during part of the alleged cumulative trauma periods, filed an answer to the petition for reconsideration.I. We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reasons discussed below, as our Decision After Reconsideration, we will rescind the Findings and Order of May 2, 2008, and return this , matter to the trial level for further development of the record and thereafter further proceedings, as necessary, to determine the dat
Rainey Randall, vs. Southern Wine & Spirits; Tig Insurance Company; Ace Usa/esis; And Explorer Insurance Company,
In this case, Rainey Randall was an employee of Southern Wine & Spirits who alleged that she sustained industrial injuries to her hands, wrists, and arms while employed by the company. The Workers' Compensation Appeals Board granted a petition for reconsideration of defendant, ACE USA/ESIS, of the Findings and Order of May 2, 2008, and issued a Decision After Reconsideration. The Board rescinded the Findings and Order of May 2, 2008, and returned the matter to the trial level for further development of the record and thereafter further proceedings, as necessary, to determine the date or dates of injury pursuant to Labor Code section 54121. Thereafter, if necessary, a defendant held liable for applicant's benefits, if any,
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2721650
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