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Case Name | McDonnell Douglas Aircraft Co. v. WCAB | |
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Date | 06/09/1993 | |
Note | Settling employer not liable for contribution to another employer absent evidence that settlement was in bad faith. | |
Citation | 58 CCC 305 | |
WCC Citation | WCC 26031993 CA |
McDonnell Douglas Aircraft Company, Petitioner v. Workers' Compensation Appeals Board of the State of California, Xerox Corporation, et al. , Respondents. On October 27, 1988, applicant, McDonnell Douglas, and Industrial Indemnity entered into a compromise and release in which they settled all issues in applicant's case against McDonnell Douglas, including the right to vocational rehabilitation, for the gross amount of $ 10,000. In their answer to Xerox's petition for reconsideration, McDonnell Douglas and its insurer asserted that the WCJ reasonably relied on Dr. Ravin's October 14, 1986 report in support of his order approving the McDonnell Douglas compromise and release and his finding that there was a serious, bona fide dispute as to whether any industrial injury occurred during the McDonnell Douglas employment, because in that report Dr. Ravin discussed applicant's employment by McDonnell Douglas and that report was closest in time to the McDonnell Douglas employment. He granted that petition, ordering McDonnell Douglas to pay Xerox $ 4,000 as McDonnell Douglas's share of Xerox's settlement of vocational rehabilitation temporary disability indemnity. )II McDonnell Douglas further contends that the order approving McDonnell Douglas's compromise and release precludes an order requiring contribution by McDonnell Douglas to Xerox.
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