Esp 2000, Inc.; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation, By Cambridge Integrated Services; Tig Insurance Company Roberto Cortez, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO CORTEZ, Applicant,vs.ESP 2000, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES; TIG INSURANCE COMPANY, Defendants.Case Nos. ADJ801957 (LAO 0798054); ADJ2438083 (LAO 0851450OPINION AND DECISION AFTER RECONSIDERATION We previously granted the separate petitions of applicant and of defendant TIG InsuranceCompany (TIG) for reconsideration of the November 30. 2009 Joint Findings and Award of theworkers’ compensation administrative law judge who found that applicant incurred industrialinjury to various body parts while working as a deliveryman for defendant on August 18, 2000(ADJ801975), while defendant was insured by Frentón: Insurance Company now in liquidationw’ith California Insurance Guarantee Association (CIGA) responsible for its covered claims, andthat he incurred another industrial injury to those same body parts in that same employ during thecumulative trauma period June 21. 2000 through June 21. 2001 (ADJ2438083). while defendantwas insured by TIG. In addition, the WCJ found that the specific injury in ADJ801975 caused29% permanent disability after apportionment, and that the cumulative trauma injury inADJ2438083 caused 23% permanent disability after apportionment. With regard to applicant’s attorney’s fees, the WCJ made the following findings: “12. CIGA has sole liability for additional applicant’s attorney’s fees due pursuant to Labor Code section 4066 based upon its filing of an application contesting the findings of Dr. | Roger] .Sohn. , “13. Said section 4066 fees based on the PD, TD and section 6450(d) benefits equitably attributed to the cumulative trauma case filed by CIGA are in the total amount of S2.651.13. “14
Roberto Cortez, vs. Esp 2000, Inc.; California Insurance Guarantee Association For Fremont Insurance Company, In Liquidation, By Cambridge Integrated Services; Tig Insurance Company
This case is about Roberto Cortez, a deliveryman for ESP 2000, Inc., who suffered an industrial injury to various body parts on August 18, 2000 while the company was insured by Fremont Insurance Company, now in liquidation with California Insurance Guarantee Association (CIGA) responsible for its covered claims. Cortez also incurred another industrial injury to those same body parts during the cumulative trauma period June 21, 2000 through June 21, 2001 while the company was insured by TIG Insurance Company. The Workers' Compensation Appeals Board found that the specific injury caused 29% permanent disability after apportionment, and that the cumulative trauma injury caused 23% permanent disability after apportionment. The Board also affirmed the award of attorney's fees against CIG
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ801957
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