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

Case No. POM 248928
En Banc
May 12, 2006

Mark Miceli vs. Jacuzzi, Inc.; RemedyTemp, Inc.; American Home Assurance Co.; California Insurance Guarantee Association

Following a Court of Appeal decision, the Appeals Board holds that a special employer's insurance is not 'other insurance' under the Insurance Code. Consequently, the California Insurance Guarantee Association's (CIGA) petition for dismissal is denied, and previous consolidation and stay orders affecting similar cases are rescinded.

Workers' Compensation Appeals BoardCIGARemedyTempJacuzziAmerican Home AssuranceInsurance Code section 1063.1(c)(9)other insuranceinsolvencyremittituren banc decision
References
Case No. POM 248928
Regular
May 12, 2006

MARK MICELI vs. JACUZZI, INC., REMEDYTEMP, INC., AMERICAN HOME ASSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY CO., In Liquidation

The Court of Appeal reversed the Appeals Board's prior decision, finding that the special employer's insurance (American Home Assurance Co.) was not "other insurance" available to the applicant. This ruling invalidated the previous dismissal of CIGA and dictated that the case be returned for further proceedings. The Appeals Board, following this remittitur, rescinded the prior consolidation and stay order, denying RemedyTemp's request for dismissal and CIGA/RemedyTemp's request for a new consolidation. Assurance's petition for appeal costs was also dismissed as it was filed with the wrong entity.

CIGARemedyTempJacuzziAmerican Home Assurance Co.Reliance National Indemnity Co.special employergeneral employerother insuranceInsurance Code section 1063.1(c)(9)remittitur
References
Case No. POM 248928
Significant
May 12, 2006

Mark Miceli, Plaintiff vs Jacuzzi, Inc.; RemedyTemp, Inc.; American Home Assurance Co.; California Insurance Guarantee Association for Reliance National Indemnity Co., In Liquidation

The Appeals Board, following a remittitur, determined that a special employer's insurance policy is not 'other insurance' under Insurance Code section 1063.1(c)(9). As a result, the California Insurance Guarantee Association (CIGA) was denied dismissal from the case involving the general employer's insolvent insurer.

RemittiturEn BancDecertified OpinionInsurance Code section 1063.1(c)(9)Other InsuranceCalifornia Insurance Guarantee Association (CIGA)Reliance National Indemnity Co.LiquidationRemedyTempInc.
References
Case No. ADJ6734350
Regular
Apr 29, 2014

MARTHA FRANCO vs. STAFFMARK TEMPORARY AGENCY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted CIGA's Petition for Removal, rescinding the prior denial of CIGA's petition to join Travelers. CIGA sought to join Travelers, arguing it may have a right to reimbursement from them as a potential special employer. The WCJ incorrectly applied a statute barring contribution claims for cumulative injuries, when this was a specific injury. The Board returned the matter to the trial level for consideration of the joinder petition, ordering CIGA to properly serve Travelers.

Workers' Compensation Appeals BoardCIGAPetition for RemovalPetition for JoinderTravelers Property Casualty Company of Americareimbursementspecial employerToys R UsInsurance Code section 1063.1(c)(9)Miceli v. Jacuzzi
References
Case No. AHM 0125498
Regular
Aug 19, 2008

JOSE LUIS RAMIREZ vs. JACUZZI BRANDS, INC., AIG/HOME ASSURANCE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged the finding of 35% permanent disability, no apportionment, and the EDD reimbursement. The Board found that the defense medical expert's opinion on apportionment was not substantial evidence as it was based on incorrect assumptions and lacked proper explanation. The Board also found no need to amend the general award for future medical treatment, stating any disputes could be resolved at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersIndustrial InjuryLow Back InjuryPermanent DisabilityApportionmentEmployment Development Department (EDD)ReimbursementFuture Medical Treatment
References
Case No. POM 248928
En Banc
Mar 28, 2003

Mark Miceli, et al. vs. Jacuzzi, Inc., Remedy Temp, Inc., American Home Assurance Co., Reliance National Indemnity Co. (In Liquidation), California Insurance Guarantee Association

The Appeals Board affirmed that where a temporary employee is injured and the general employer's insurance carrier is insolvent, the special employer's workers' compensation policy constitutes 'other insurance,' making that carrier liable for the claim instead of the California Insurance Guarantee Association (CIGA).

Workers' Compensation Appeals BoardEn Banc DecisionSpecial EmployerGeneral EmployerTemporary Staffing AgencyAlternate Employer EndorsementInsolvencyCalifornia Insurance Guarantee AssociationCovered ClaimsOther Insurance
References
Case No. POM 248928
Significant
Mar 28, 2003

Mark Miceli, et al. vs. Jacuzzi, Inc., Remedy Temp, Inc., American Home Assurance Co., Reliance National Indemnity Co. (In Liquidation), California Insurance Guarantee Association

The Appeals Board affirmed that when a temporary staffing agency's insurer becomes insolvent, the special employer's insurance policy constitutes 'other insurance,' making that insurer liable for the injured temporary employee's claim and relieving the California Insurance Guarantee Association (CIGA) of responsibility.

Workers Compensation Appeals BoardEn BancGeneral EmployerSpecial EmployerTemporary Staffing AgencyAlternate Employer EndorsementInsolvencyCalifornia Insurance Guarantee Association (CIGA)Covered ClaimOther Insurance
References
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