CONCENTRA MANAGED CARE; ATLANTIC MUTUAL INSURANCE COMPANY (in liquidation); CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and TRAVELERS INDEMNITY INSURANCE COMPANY SUSAN VIRDIER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN VIRDIER, Applicant,vs.CONCENTRA MANAGED CARE; ATLANTIC MUTUAL INSURANCE COMPANY(in liquidation); CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; andTRAVELERS INDEMNITY INSURANCE COMPANY, Defendants.Case No. ADJ3292672 (SRO 0115029)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant Travelers Indemnity Insurance Company seeks reconsideration of the August 16, 2012 Findings and Orders, wherein the workers’ compensation administrative law judge (WCJ) found that Travelers is “other coverage” available to applicant for her award of medical treatment. The WCJ ordered that California Insurance Guarantee Association (CIGA) be relieved as the administrator of the award of medical treatment in ADJ4661775. Defendant contends, in essence, that the WCJ erred in finding that CIGA should be relieved as the administrator of the award of medical treatment, arguing that although defendant provided similar medical treatment, applicant’s specific left wrist injury in ADJ4661775 is distinct from her cumulative trauma injury to different body parts in ADJ3701452. Defendant also argues that it cannot have liability for medical care in ADJ4661775 because Travelers did not insure applicant’s employer at the time of her specific injury. Finally, defendant argues that it was not afforded a full opportunity to be heard because the WCJ did not have an opportunity to review its Post-Trial Brief. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter, including defendant’s Post-Trial Brief. We have received an Answer from CIGA. The WCJ is unavailable and has not filed a Report and Recommendation on Petition for Reconsideration. For the , reasons discussed below, we will deny d
SUSAN VIRDIER vs. CONCENTRA MANAGED CARE; ATLANTIC MUTUAL INSURANCE COMPANY (in Liquidation); CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; And TRAVELERS INDEMNITY INSURANCE COMPANY
This case involves Susan Virdier, who sustained an injury to her left wrist on June 24, 1998 and an injury to both upper extremities during a cumulative trauma period ending September 28, 2000. The defendants in the case are Concentra Managed Care, Atlantic Mutual Insurance Company (in liquidation), California Insurance Guarantee Association, and Travelers Indemnity Insurance Company. Travelers Indemnity Insurance Company sought reconsideration of the August 16, 2012 Findings and Orders, wherein the workers' compensation administrative law judge found that Travelers is "other coverage" available to applicant for her award of medical treatment. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that medical treatment expenses are not apportionable and
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ3292672
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