Mountain View School District Virginia Cocio WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVIRGINIA COCIO, Applicant,vs.MOUNTAIN VIEW SCHOOL DISTRICT, Defendants.Case No. ADJ3051297 (SJO 0266175),ADJ2527197 (SJO 0231549)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant California Insurance Guarantee Association’s (CIGA) petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. CIGA sought reconsideration of our September 24, 2009 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, wherein we amended the workers’ compensation administrative law judge’s (WCJ) July 2, 2009 Findings and Award to require defendants ACE and CIGA each to pay one half of the single combined 37% permanent disability award and the award of attorney’s fees. CIGA contended we erred by assessing liability against it for any permanent disability indemnity in a “Benson” situation, where another injury, for which there was a solvent carrier, has contributed to the unapportionable permanent disability. CIGA further contended that, if liability isassessed against it, disability should be apportioned pursuant to Benson v. The Permanente Medical Group (2007) 72 Cal.Comp.Cases 1620 (Appeals Board en banc). Finally, CIGA contended that we erred in affirming the WCJ’s decision not to apportion permanent disability tonon-industrial causes. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. ACE filed a pleading captioned an “Answer”; however, its pleading does not answer , CIGA’s petition. In fact, it seeks reconsideration of the finding that ACE is solely liable for the cumulative trauma from November 29, 1999, through November 29, 2000. ACE says at 3:12-13, “The Decision should therefore be reconsidered;” at 4:3-4, “It is for this reason that defendant ACE seeks r
Virginia Cocio vs. Mountain View School District
In this case, the Mountain View School District was found liable for the workers' compensation of Virginia Cocio. The California Insurance Guarantee Association (CIGA) sought reconsideration of the decision, arguing that they should not be liable for any permanent disability indemnity in the case. After reconsideration, the Workers' Compensation Appeals Board affirmed their prior decision, except that they amended the award to clarify that ACE was solely liable and that there was no right to contribution against CIGA.
- Filed On:
- Court: California, San Jose
- Case No. ADJ3051297
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