COMPTREE, INC.; EVEREST NATIONAL/AMERICAN COMMERCIAL I CLAIMS ADMINISTRATORS; GOLDEN EAGLE, YUK YEE TSUIKAM, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYUK YEE TSUIKAM, Applicant,vs.COMPTREE, INC.; EVEREST NATIONAL/AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS; GOLDEN EAGLE, Defendant(s).Case Nos. ADJ3050197 (POM 0270315)ADJ607825 (POM 0277969)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant Everest National Insurance (Everest) seeks removal or reconsideration of the August 20, 2009 minute order, wherein the workers’ compensation administrative law judge (WCJ) ordered the matter off calendar and ordered “Issues of contribution.. .to be sent to arbitration including LC 5500.5(e).” Everest contends the WCJ erred in referring the matter to arbitration before deciding the threshold jurisdictional issue of whether co-defendant Liberty Mutual’s (formerly Golden Eagle) petition for contribution was timely. We have considered the Petition for Reconsideration or Removal and Liberty Mutual’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will dismiss the petition for reconsideration, grant removal, rescind the minute order, and return the matter to the trial level for further proceedings by the WCJ to determine if the petition for contribution was timely. , The WCJ summarized the background of this case, at pages 1-2 of his Report: “Applicant, born July 14, 1945, while employed by Comptree, Inc beginning January 6, 2002 through January 6, 2003 sustained injury arising out of, and occurring in the course of employment to her bilateral upper extremities, neck, back, shoulders, and eyes. Decision issued herein on February 22, 2006 ordering Golden Eagle to administer the payment
Yuk Yee Tsuikam, vs. Comptree, Inc.; Everest National/american Commercial I Claims Administrators; Golden Eagle,
In this case, the Workers' Compensation Appeals Board granted the defendant's petition for removal and rescinded the August 20, 2009 minute order, returning the matter to the trial level for further proceedings by the WCJ to determine if the petition for contribution was timely. The Board dismissed the petition for reconsideration, as it sought review of an interlocutory procedural order. The Board determined that the WCJ should address the timeliness question himself, as a decision that the petition was untimely would have obviated any need for arbitration.
- Filed On:
- Court: California, Pomona
- Case No. ADJ3050197
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