Robert Vilarino vs. Chromatics, Inc.; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation

In this case, Robert Vilarino sought reconsideration of a decision by the Workers' Compensation Appeals Board which reversed an administrative law judge's order that Chromatics, Inc. was estopped from claiming a third party credit. The Board denied the petition for reconsideration, finding that Vilarino had not met his burden of showing that Chromatics had waived its right to a third party credit or was estopped from asserting a third party credit. The Board also noted that Chromatics had expressly reserved its third party credit rights in a Release of Claims.

Chromatics, Inc.; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation Robert Vilarino WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT VILARINO, Applicant,vs.CHROMATICS, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE COMPANY, In Liquidation, Defendants.Case No. ADJ1160066OPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONApplicant seeks reconsideration of our Decision after Reconsideration of May 17, 2010, wherein we reversed a workers’ compensation administrative law judge’s (WCJ) Order of March 3. 2010, which had reinstated the previously rescinded Findings and Order of September 30, 2009, wherein the WCJ found that “(djefendant is estopped from claiming third party credit in the instant case.” Previously in this case, by way of a Decision after Reconsideration of September 17, 2001 which amended the WCJ’s July 2, 2001 Amended Findings and Award, it was found that, while employed as a truck driver on October 11, 1999, applicant sustained industrial injury to his internal organ and to his central nervous system causing permanent total (100%) disability. In our May 17, 2010 decision, we explained at length howr the applicant did not meet his burden of showing that defendant had waived its right to a third-party credit or was estopped from asserting a third party credit.            Applicant’s petition is not the model of clarity, as it fails to address many of the bases of our May 17, 2010 decision. It appears that applicant is contending that defendant both waived its right to claim a third party credit and is estopped from claiming a third party credit. W’e have received an answer. , For the reasons stated in our May 17, 2010 opinion, we will deny the applicant’s petition for reconsideration.With regard to the issue of waiver, as we stated in our May 17, 2010 opinion, “Waiver is the intentional relinquishment of a known right after full knowledge of the facts and depends upon the inte

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.