Ventura v. Dana Point Cleaners (2019) Cal. Wrk. Cmp. P.D. Lexis 114
Mar 25, 2019OUTCOME: Applicant reached monetary settlement with Zenith in addition to her previous settlement against AmTrust.
Applicant sustained a Cumulative Trauma injury as a result of her employment. Both AmTrust Insurance and Zenith Insurance insured the employer during the injury period. Applicant reached a settlement w ... ith AmTrust for AmTrust's period of coverage. Subsequently Zenith was joined as a defendant. Zenith contended the settlement reached with AmTrust resolved the case in it's entirety, including Zenith's period of coverage. The matter proceeded to Trial on the sole issue of whether the settlement resolved the claim against Zenith for their portion of coverage. Following trial the Workers Compensation Appeals Board judge ruled the settlement with AmTrust did not resolve Zenith's period of coverage. On Reconsideration (Appeal) this finding was upheld by a 3 Judge panel of the Workers Compensation Appeals Board.
