Home/Case Law/ROSE M. TIDWELL MARTINEZ vs. TACO BELL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, PRIVATE ADJUSTING CLAIMS SERVICES, HOME INSURANCE COMPANY
Regular DecisionReconsideration

ROSE M. TIDWELL MARTINEZ vs. TACO BELL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, PRIVATE ADJUSTING CLAIMS SERVICES, HOME INSURANCE COMPANY

Filed: Mar 12, 2009
San Francisco
ADJ2812382 (SRO 0062290) ADJ4059498 (SAC 0137621)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's order, dismissing CIGA as a defendant. CIGA is an insurer of last resort and only covers claims where no other insurance is available. In this case, CNA provided "other insurance" covering future medical treatment, thus precluding CIGA's liability. Therefore, CIGA has no obligation to provide medical treatment to the applicant.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's order, dismissing CIGA as a defendant. CIGA is an insurer of last resort and only covers claims where no other insurance is available. In this case, CNA provided "other insurance" covering future medical treatment, thus precluding CIGA's liability. Therefore, CIGA has no obligation to provide medical treatment to the applicant.

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ROSE M. TIDWELL MARTINEZ vs. TACO BELL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, PRIVATE ADJUSTING CLAIMS SERVICES, HOME INSURANCE COMPANY (2009) – San Francisco | CompFox