CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, overturning a prior ruling that denied joinder of another employer. The WCAB held that Labor Code section 5804 does not prevent the joinder of additional parties or employers after a settlement, and CIGA is not attempting to alter a prior award. The case is returned to the trial level for joinder of all appropriate parties and further proceedings. The WCAB also clarified that CIGA's liability is limited by Insurance Code section 1063.1 and subsequent case law, which prohibits apportionment of liability between CIGA and other insurers for certain benefits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, overturning a prior ruling that denied joinder of another employer. The WCAB held that Labor Code section 5804 does not prevent the joinder of additional parties or employers after a settlement, and CIGA is not attempting to alter a prior award. The case is returned to the trial level for joinder of all appropriate parties and further proceedings. The WCAB also clarified that CIGA's liability is limited by Insurance Code section 1063.1 and subsequent case law, which prohibits apportionment of liability between CIGA and other insurers for certain benefits.
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