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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3257025 (LAO 0731675) ADJ127700 (LAO 0744086)
Regular
Jul 09, 2012

JOSE LUIS ARELLANO vs. R.B.R. MEAT COMPANY, CIGA by BROADSPIRE for SUPERIOR NATIONAL INC. CO.

The Workers' Compensation Appeals Board affirmed a judge's order finding applicant sustained industrial spinal and psychiatric injuries. The Board ruled that CIGA failed to prove Coast Plaza Doctors Hospital's lien claim was not a "covered claim," rejecting CIGA's argument that an assignment to Innovative Medical Management invalidated the claim. This decision aligns with established appellate precedent. Therefore, the original findings and order requiring CIGA and the hospital to adjust the lien remain in effect.

CIGAInsurance Code section 1063.1(c)(9)covered claimlien claimIndustrial InjurySpinePsycheReconsiderationJoint Findings and OrderWCJ
References
Case No. ADJ1386907 (SRO 0130014) ADJ3877183 (SRO 0140080)
Regular
Aug 07, 2009

Roger Rondeau vs. TRUETIME, INC. and CIGA by BROADSPIRE for CALIFORNIA COMPENSATION; TOKIO MARINE AND NICHIDO FIRE INSURANCE

Reconsideration granted to amend award; Tokio Marine liable for CIGA benefits during its coverage period; other issues deferred.

Workers' Compensation Appeals BoardCumulative Trauma InjuryRight Upper ExtremityTokio MarineCIGAReimbursementDate of InjuryCompensable Temporary DisabilityPermanent DisabilityAgreed Medical Examiner
References
Case No. ADJ2022332 (ANA 0334821), ADJ947209 (ANA 0334822)
Regular
May 10, 2013

JOHN SHEA vs. PROPSERV, INC.; CIGA, administered by BROADSPIRE for CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for defendants Propserv, Inc. and CIGA. The defendant sought reconsideration of a decision filed on February 15, 2013. The WCAB granted reconsideration due to statutory time constraints, allowing further study of the factual and legal issues to ensure a just and reasoned decision. All future filings must be submitted in writing to the Office of the Commissioners of the WCAB and not electronically or to district offices.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemCIGALiquidation
References
Case No. ADJ854108 (OAK 0281808)
Regular
Oct 07, 2008

PATRICIA BECK vs. INTEGRATED DEVICES TECHNOLOGY, SAFETY NATIONAL CASUALTY CORPORATION, MATRIX ABSENCE MANAGEMENT, RANDSTAND, CIGA ON BEHALF OF LEGION INSURANCE IN LIQUIDATION, BROADSPIRE

This case involves an applicant who sustained an industrial injury to her left thumb, hand, and wrist while employed by both a general employer (Randstand) and a special employer (Integrated Devices Technology, IDT). The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct minor errors in the original Findings and Award, specifically regarding citations to the Insurance Code and the identification of the general employer. The WCAB affirmed the original decision that IDT's insurer, Safety National Casualty Corporation, constitutes "other insurance," thereby relieving CIGA of liability for the claim.

Workers' Compensation Appeals BoardIntegrated Devices TechnologySafety National Casualty CorporationMatrix Absence ManagementRandstandCIGALegion InsuranceBroadspirespecial employergeneral employer
References
Case No. ADJ4593512 (AHM077352)
Regular
Jul 12, 2010

FRANCISCO ENRIQUEZ vs. DOUGLAS FURNITURE OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE

The WCAB granted CIGA's petition for reconsideration to address its contention that the administrative law judge (WCJ) erred in finding a medical lien constituted a "covered claim" under Insurance Code § 1063.1(c). Although the WCJ ultimately disallowed the lien because its reasonable value had been paid, CIGA argued that the "covered claim" finding created potential collateral estoppel issues. Finding these findings irrelevant to the ultimate resolution, the WCAB amended the original order to delete the specific findings regarding the "covered claim" status. The WCAB affirmed the disallowance of the remaining lien balance.

CIGACalifornia Insurance Guarantee AssociationReconsiderationLien ClaimCovered ClaimInsurance Code § 1063.1(c)Findings and OrderWCJTorrance Memorial Medical CenterAssignment for Collection
References
Case No. LA0 0793655
Regular
Apr 14, 2008

CARLOS CARREON vs. GRAND AVENUE dba MYRON'S BALLROOM, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE INSURANCE COMPANY, CALIFORNIA COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinded the WCJ's order commuting future benefits, and returned the case for further proceedings. The Board found that CIGA's due process rights were violated due to a lack of proper notice regarding the commutation hearing. The issue of whether commutation was appropriate under Labor Code section 5100 was not reached and may be raised later.

Workers' Compensation Appeals BoardCIGABroadspireCalifornia Compensation InsurancePetition for CommutationFuture BenefitsLump SumIndustrial InjuryPermanent DisabilityDue Process
References
Case No. SBR 0273372; SBR 0273378 SBR 0273380; SBR 0278671
Regular
Aug 10, 2007

SHARON CANDLER vs. THE CUSTOMER COMPANY / CIGARETTES CHEAPER, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANIES, BROADSPIRE

The Board rescinded findings for two psychiatric injuries due to the applicant's short employment duration, finding them not "sudden and extraordinary." The claim stemming from a robbery and assault was remanded for further proceedings on temporary disability and medical treatment, with orthopedic injuries also deferred pending this development. The Board also ruled that CIGA cannot be ordered to pay temporary disability benefits that the applicant must then reimburse to EDD, as this circumvents statutory limitations on CIGA's liability to the state.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injuryconvenience store clerkrobberyassaultterminationCIGASuperior National Insurance Companyliquidation
References
Case No. ADJ2919964 (LAO 0735981)
Regular
Sep 15, 2011

ALICIA SAUCEDO vs. TRI MARINE CANNING CO.; CIGA by its servicing facility, BROADSPIRE, for SUPERIOR NATIONAL, in liquidation

The Workers' Compensation Appeals Board granted the defendant's petition for removal because a trial order setting a lien trial without allowing necessary discovery prejudiced the defendant and violated its due process rights. The defendant argued it had not had an adequate opportunity to investigate outstanding liens, some of which appeared to be new or misidentified. The Board rescinded the trial order, canceled the trial, and took the matter off calendar pending completion of discovery, finding this necessary to ensure fairness and facilitate potential settlement.

Workers Compensation Appeals BoardPetition for RemovalOrder Granting PetitionDecision After RemovalCalifornia Insurance Guarantee AssociationCIGABroadspireSuperior NationalLiquidationDiscovery
References
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
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