Roger Rondeau, vs. Truet1me, Inc. And Ciga By Broadspire For California Compensation; Tokio Marine And N1chido Fire Insurance,

is a case between Roger Rondeau, the applicant, and Truetime, Inc. and CIGA by Broadspire for California Compensation; Tokio Marine and Nichido Fire Insurance, the defendants. The case involves two separate cumulative trauma injuries, the first of which occurred during the period of October 1, 1999 through March 9, 2000, while the applicant was employed by Truetime, Inc. The second cumulative trauma injury occurred during the period of May 3, 2004 through May 3, 2005, while the applicant was employed by Symmetricom, Inc. The issue of CIGA's right to reimbursement for medical treatment and temporary disability indemnity against Tokio Marine was deferred to contribution proceedings before an arbitrator. The WCJ found

TRUET1ME, INC. and CIGA by BROADSPIRE for CALIFORNIA COMPENSATION; TOKIO MARINE AND N1CHIDO FIRE INSURANCE, ROGER RONDEAU, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROGER RONDEAU, Applicant,vs.TRUET1ME, INC. and CIGA by BROADSPIRE for CALIFORNIA COMPENSATION; TOKIO MARINE AND NICHIDO FIRE INSURANCE, Defendants.Case Nos. ADJ1386907 (SRO 0130014)ADJ3877183 (SRO 0140080)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Tokio Marine and Nichido Fire Insurance Company (Tokio Marine), seeks reconsideration of the Findings and Award, issued July 17, 2009, in which Arbitrator Ronald P. Perotti found California Insurance Guarantee Association (CIGA) was entitled to reimbursement from Tokio Marine in the amount of $22,552.96, for benefits paid to applicant, Roger Rondeau, for his cumulative trauma injury in AD31386907 [SRO 0130014], to his right upper extremity during the period October 1, 1999 through March 9, 2000, while employed by Truetime, Inc., whose insurers during this period were petitioner, Tokio Marine, and California Compensation, now in liquidation and whose liabilities are covered by CIGA. The WCJ further found Tokio Marine liable for reimbursement to St. Paul Fire and Marine Insurance for half of the medical treatment expenses for treatment to his right upper extremity arising from applicant’s second cumulative trauma to his bilateral upper extremities in ADJ3877183 [SRO 0140080].            Tokio Marine contends first that the Arbitrator erred in concluding applicant’s period of cumulative trauma included its period of insurance coverage, arguing that the evidence establishes that the date of injury under SCIF v. Workers’ Comp. Appeals Bd. (Rodarte) (2004) 119 , Cal.App.4th 998 [69 Cal.Comp.Cases 579] is no later than July 12, 1999, the date applicant began using splints due to his injury and had his desk ergonomically adjusted, which date is prior to the beginning of its coverage on October 1, 1

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