What the panel ordered
The WCAB affirmed the arbitrator's decision as amended, clarifying that the sole issue determined was insurance coverage, amending findings to clarify insufficient evidence of a valid limiting endorsement, and dismissing the Uninsured Employers Benefits Trust Fund as a party defendant. The matter is returned to the trial level for further proceedings.
Defendant American Casualty Insurance Company sought reconsideration of the arbitrator's December 9, 2020 Findings and Order regarding insurance coverage for an alleged cumulative trauma injury. The WCAB granted reconsideration and now issues its decision after reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The arbitrator found, and the WCAB affirmed as amended, that there was insufficient evidence of a valid limiting and restricting endorsement in the insurance policies covering the alleged cumulative trauma period. The WCAB clarified that the sole issue determined was insurance coverage and that rescission was not at issue.
From the decision · page 5For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers' Compensation Appeals Board, that the December 9, 2020 Findings and Order is AFFIRMED, EXCEPT Findings of Fact 5, 6, 7, 8 and the Order are AMENDED as follows: