Symmar, Inc. v. Workers' Compensation Appeals Board

Petitioners Symmar, Inc./Clarott II and one of its insurance carriers, Fremont Indemnity Company, seek review and annulment of a decision and order of the Workers’ Compensation Appeals Board (WCAB or the Board) determining that Fremont Indemnity is not entitled to contribution from the Uninsured Employers Fund with respect to benefits awarded Charles A. Eckman (the applicant) on account of an injury to his heart resulting from cumulative trauma in the nature of job stress. We affirm the order of the Board.

The applicant was employed as the chairman of the board and chief executive officer by Symmar, Inc./Clarott II (the employer). On September 8, 1977, Mr. Eckman filed an application for adjudication of claim asserting injuries to his heart and other internal organs, allegedly caused by stress and strain arising out of his employment during the period August 1969 through February 1, 1977. On February 7, 1978, the Board ordered the Administrator of the Uninsured Employers Fund joined as a party defendant with respect to the period March 25, 1972, through March 26, 1974. When the matter came on for hearing on December 1, the Board ordered four of the employer’s insurance…