RANCHO MIRAGE COUNTRY CLUB; FEDERAL INSURANCE c/o CHUBB SERVICES; MITSUI SUMITOMO, formerly AMERICAN NATIONAL FIRE, INCORPORATED; INSURANCE COMPANY OF NORTH AMERICA by and through ACE, USA/ESIS, RAMON CHAVEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAMON CHAVEZ, Applicant,vs.RANCHO MIRAGE COUNTRY CLUB; FEDERAL INSURANCE c/o CHUBB SERVICES; MITSUI SUMITOMO, formerly AMERICAN NATIONAL FIRE,INCORPORATED; INSURANCE COMPANY OF NORTH AMERICA by and through ACE, USA/ESIS, Defendants.Case No. ADJ704709 (RIV 0053815)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Federal Insurance Company (Federal), seeks reconsideration of the Findings and Orders, issued June 15, 2009, in which a workers’ compensation administrative law judge (WCJ) granted petitions to dismiss of Insurance Company of North America (INA) and Mitsui Sumitomo, formerly American National Fire Insurance (American), for their improper joinder, finding Federal’s claim for apportionment of liability or right of contribution is barred under the one year statute of limitations in Labor Code section 5500.5(e), and that Federal did not provide a legal basis for the unilateral amendment of the date of injury in the Order Approving Compromise and Release. Federal contends the WCJ erred in granting the petitions to dismiss INA and American. First, Federal contends the WCJ erred in concluding Federal was improperly seeking to unilaterally amend the date of injury set forth in a Compromise and Release Agreement. Federal argues that the WCJ has misconstrued the nature of the proceedings, where the case-in-chief was settled by Compromise and Release Agreement with a Thomas finding, and the matter is pending , on a lien claim for reimbursement of medical expenses in excess of $1,000,000.00. Federal argues that it is lien claimant, The 4600 Group, who bears the burden of establishing not only that applicant sustained an industrial injury, but the pe
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