Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 5500.5
Governs contribution and reimbursement among insurers for cumulative trauma injuries and successive injuries.
From the decision · page 2Labor Code2 section 5500.5 was enacted in 1951 to codify the holding in Colonial Ins. Co.
v. Industrial Acc. Com. (1946) 29 Cal.2d 79 [11 Cal.Comp.Cases 226] that an employee who
sustains an injury as a result of a progressive occupational disease may obtain an award for the
Insurance Code
Insurance Code section 1063.1
Defines CIGA's liability and limits it when other insurance is available.
From the decision · page 5CIGA's liability is specifically defined in Insurance Code section 1063.1. While section
1063.1, subdivision (c)(1)(vi) defines "covered claims" as "the obligations of an insolvent insurer... in the case of a policy of workers' compensation insurance, to provide workers' compensation
benefits under the workers' compensation law of this state," subdivision (c)(9) provides,
"`Covered claims' does not include (i) any claim to the extent it is covered by any other insurance
of a class covered by this article available to the claimant or insured...."
case
Granado v. Workers' Comp. Appeals Bd. (1968) 69 Cal.2d 399
Establishes employer's duty to provide medical treatment for injuries and non-industrial conditions related to industrial injury.
From the decision · page 4An employer is required to provide medical treatment "that is reasonably required to cure
or relieve the injured worker from the effects of his or her injury..." (Lab. Code § 4600.) If the
need for medical treatment is partially caused by applicant's industrial injury, the employer must
pay all of the injured worker's reasonable medical expenses. (Granado v. Workers' Comp.
Appeals Bd. (1968) 69 Cal.2d 399, [33 Cal.Comp.Cases 647].) An injured worker is entitled to
medical care for a non-industrial condition that must be treated in order to cure or relieve the effects
of an industrial injury. (Braewood Convalescent Hosp. v. Workers' Comp. Appeals Bd. (Bolton)
(1983) 34 Cal.3d 159, [48 Cal.Comp.Cases 566].) A similar analysis applies to temporary
disability benefits. In Granado, the Supreme Court explained:
case
Braewood Convalescent Hosp. v. Workers' Comp. Appeals Bd. (1983) 34 Cal.3d 159
Extends medical treatment entitlement to non-industrial conditions related to industrial injury.
From the decision · page 4An employer is required to provide medical treatment "that is reasonably required to cure
or relieve the injured worker from the effects of his or her injury..." (Lab. Code § 4600.) If the
need for medical treatment is partially caused by applicant's industrial injury, the employer must
pay all of the injured worker's reasonable medical expenses. (Granado v. Workers' Comp.
Appeals Bd. (1968) 69 Cal.2d 399, [33 Cal.Comp.Cases 647].) An injured worker is entitled to
medical care for a non-industrial condition that must be treated in order to cure or relieve the effects
of an industrial injury. (Braewood Convalescent Hosp. v. Workers' Comp. Appeals Bd. (Bolton)
(1983) 34 Cal.3d 159, [48 Cal.Comp.Cases 566].) A similar analysis applies to temporary
disability benefits. In Granado, the Supreme Court explained:
case
Royal Globe Ins. Co. v. Industrial Acci. Com. (1965) 63 Cal.2d 60
Supports division of liability among insurers for non-apportionable benefits following permanent disability division.
From the decision · page 5In cases where two or more insurers are jointly and severally liable, an applicant may obtain
benefits from any liable defendant. This promotes the prompt payment of benefits to the applicant.
Thereafter, liability may be divided among insurers in a supplemental proceeding. (Royal Globe
Ins. Co. v. Industrial Acci. Com. (Lynch) (1965) 63 Cal.2d 60, 64 [30 Cal.Comp.Cases 199].) In
general, as between two insurers, a division of liability of non-apportionable benefits should follow
the division of liability for permanent disability. "There should be no distinction between
apportionment among carriers for temporary disability and for permanent disability." (Ibid.)
case
Flesher v. Workers' Comp. Appeals Bd. (1979) 23 Cal.3d 322
Explains the burden of seeking apportionment and election rights under Labor Code section 5500.5.
From the decision · page 3entire amount of permanent disability from any one employer or insurer and the defendant held
liable will have the burden of seeking apportionment. "Section 5500.5 is long and complex, but its
design is reasonably clear. It is intended to allow an employee to recover for his entire cumulative
injury from one or more employers of his choosing for whom he worked within the preceding five
years, even though a portion of his injury was incurred in prior employments. The employer or
employers against whom compensation is awarded are in turn authorized to seek contribution from
other employers in the five-year period." (Flesher v. Workers' Comp. Appeals Bd. (1979) 23 Cal.3d
322, 325§ 326 [44 Cal.Comp.Cases 212].) For workers' compensation claims filed after January 1,
1981, the injured worker may elect against any employer in the year immediately preceding his or
her injury. (Lab. Code, § 5500.5(a).)
case
Benson v. Permanente Medical Group (2009) 170 Cal. App. 4th 1535
Clarifies apportionment of permanent disability and joint and several liability for benefits.
From the decision · page 4A party may also seek contribution or reimbursement where multiple injuries contribute to
permanent disability, temporary disability, or a need for medical treatment. The Labor Code
requires that permanent disability be apportioned between injuries. (Lab Code, § 4663.
4664; Benson v. Permanente Medical Group (2009) 170 Cal. App. 4th 1535 [74 Cal. Comp. Cases
113].) However, there is no apportionment of medical treatment and temporary disability benefits.