Rodolfo Cardenas vs. Plastic Services & Products American Home Assurance Company

In this case, Rodolfo Cardenas, the applicant, was injured while employed from 1979 to March 7, 2008 and settled his claim with co-defendants American Home Assurance Company and U.S. Fire Insurance Company for the amount of $315,000.00. American Home Assurance Company then sought reimbursement for an alleged overpayment of $21,373.27, but the Workers' Compensation Appeals Board denied the petition for reconsideration, finding that American did not clearly establish an overpayment and that equity favored a denial of the request for reimbursement.

PLASTIC SERVICES & PRODUCTS AMERICAN HOME ASSURANCE COMPANY RODOLFO CARDENAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODOLFO CARDENAS, Applicant,vs.PLASTIC SERVICES & PRODUCTS;AMERICAN HOME ASSURANCECOMPANY, Defendants.Case No. ADJ4378974 (VNO 0558209)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Defendant American Home Assurance Company (American), administered by Chartis Claims, Inc., seeks reconsideration of the April 21, 2014 Supplemental Findings and Order Denying Petition for Reimbursement issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that American “did not overpay the applicant post-C&R the sum of $21,3 73 .27” and that “[t]here is no good cause to order the applicant to reimburse defendant …. ” Based on these finding, the WCJ denied American’s Petition for Reimbursement. Previously, applicant’s underlying claim of injury to multiple body parts while employed from I 979 to March 7, 2008 was settled by a October 11, 2012 Order Approving Compromise and Release (OACR) for the amount of $315,000.00. The OACR was to be paid by co-defendants American and U.S. Fire Insurance Company, adjusted by Crum & Forster, according to the settlement documents.            American contends that the WCJ erred in finding that it did not overpay the applicant the amount of $21,373.27 arguing that the evidence it submitted establishes the overpayment. American further contends that the WCJ erred in finding equitable grounds to deny its request for reimbursement./ / / ,             We did not receive an answer from any party. The WCJ issued a Report of Workers’ Compensation Judge on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and for the reasons discussed by the WCJ in the Report, which we adopt and incorporate herein by reference, and for the reasons discussed below, we deny reconsideration.            With regard to the

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