Sara Kuperberg, Esq., recently secured a $102,268.64 recovery on behalf of Insurance Company of the West (ICW) in a contested cumulative trauma contribution proceeding. The award also requires the co-defendant to reimburse 46% of ongoing and future costs associated with the claim.
Case Background
The applicant initially alleged a specific injury occurring on July 14, 2020, involving the neck, shoulders, wrists, upper extremities, and arms while working as a mechanic. Through deposition testimony and the medical-legal process, defense counsel developed evidence supporting a cumulative trauma injury rather than a single specific injury. The Qualified Medical Evaluator also addressed the contribution of the applicant’s prior employment during the final year of injurious exposure.
To avoid delaying the applicant’s benefits while the prior employment period was being verified, the applicant’s claim was resolved before the prior employer and its carrier were joined. Within one year of the settlement, ICW filed petitions for joinder and contribution, asserting that the prior employer was responsible for 46% of the claim.
Contribution Dispute
The co-defendant raised several defenses. Among other arguments, it contended that joinder after approval of the Compromise and Release violated its due process rights, that the settlement did not expressly reserve ICW’s right to seek contribution, and that the cumulative trauma period was vague and should not extend back one year from the applicant’s last day of physical work.
When the parties were unable to reach an agreement, the contribution dispute proceeded to arbitration on August 26, 2026. The parties submitted documentary evidence and written briefs for decision.
Outcome
On September 30, 2026, the arbitrator issued Findings and Award in ICW’s favor. ICW was awarded $102,268.64 in reimbursement, plus 46% of all ongoing and future costs. The arbitrator emphasized the undisputed evidence that the applicant worked for both employers during the relevant period and performed the same job duties for each.
The arbitrator also rejected the co-defendant’s due process argument, concluding that the prompt delivery of benefits to the applicant should not be delayed while an unwilling prior employer’s employment information is being confirmed. The decision recognized the importance of fulfilling statutory obligations to the injured worker while preserving the parties’ ability to resolve contribution afterward.
Key Takeaways
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Cumulative trauma claims require careful development of the medical and employment history, particularly during the final year of injurious exposure.
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Resolving an applicant’s claim before a contribution dispute is finalized does not necessarily eliminate the right to pursue reimbursement from another responsible party.
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Timely petitions for joinder and contribution, supported by a clear evidentiary record, can preserve substantial recovery rights.
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Where liability is disputed, focused discovery, medical-legal development, and a well-supported arbitration brief can be decisive.
This result reflects Sara’s strategic handling of a complex contribution dispute and her commitment to protecting the client’s reimbursement rights. Congratulations to Sara on an excellent outcome.
If you need guidance regarding cumulative trauma, joinder, contribution, or reimbursement issues, Siegel, Moreno & Stettler is here to help. Contact us to learn more.