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

Case No. SBR 309137

Regular

Aug 28, 2007

JOSE CARMONA vs. ARROW EMPLOYMENT SERVICES dba ARROW STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, KELLY PRODUCTIONS, INC., FARMDALE CREAMERY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board is reconsidering a prior award due to CIGA's contention that the applicant's claim is not a "covered claim" because other insurance was available. The central issue is whether the special employer's (Farmdale Creamery) workers' compensation policy with SCIF constitutes "other insurance" under Insurance Code section 1063.1(c)(9), which would exclude the claim from CIGA's coverage. The case is remanded for further proceedings to definitively determine the availability of this "other insurance" and its impact on CIGA's liability.

CIGALegion Insurance CompanyArrow Employment ServicesFarmdale CreameryState Compensation Insurance Fundcovered claimother insuranceInsurance Code section 1063.1(c)(9)general employerspecial employer

References

Case No. ADJ10248888

Regular

Jan 23, 2019

JUAN PAQUINI vs. SPRING HILL JERSEY CHEESE, INC., dba PETALUMA CREAMERY

Applicant sought reconsideration of a WCJ's finding that his vehicle accident was not a "sudden and extraordinary" employment condition, which would have allowed compensation for psychiatric injury despite less than six months of employment. The Appeals Board affirmed the WCJ's decision, finding the applicant's testimony regarding the alleged steering wheel lock was contradictory and lacked credibility. Furthermore, the Board determined the applicant failed to prove the incident was uncommon or unexpected beyond personal experience. Consequently, the original order was amended to explicitly state the injury did *not* fall under the sudden and extraordinary exception.

AOE/COELabor Code section 3208.3(d)sudden and extraordinarypsychiatric injuryless than six months employmentmotor vehicle accidentsteering wheel lockedcredibility determinationpreponderance of the evidencefactual inquiry

References

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JOSE CARMONA vs. ARROW EMPLOYMENT SERVICES dba ARROW STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, KELLY PRODUCTIONS, INC., FARMDALE CREAMERY, STATE COMPENSATION INSURANCE FUND

CIGALegion Insurance CompanyArrow Employment ServicesFarmdale CreameryState Compensation Insurance Fundcovered claimother insuranceInsurance Code section 1063.1(c)(9)general employerspecial employer

JUAN PAQUINI vs. SPRING HILL JERSEY CHEESE, INC., dba PETALUMA CREAMERY