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Case No. MON 0278744

Regular

Nov 26, 2007

JULIANA LAMBETH vs. RN NETWORK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR PHICO INSURANCE, KAISER PERMANENTE

In this workers' compensation case, the applicant sustained an injury in 1999 while employed by both RN Network (general employer) and Kaiser Permanente (special employer). The Workers' Compensation Appeals Board denied Kaiser's petition for reconsideration, affirming the dismissal of CIGA and holding Kaiser solely liable. The Board found that Kaiser's self-insured status constituted "other insurance" under Insurance Code section 1063.1(c)(9), thereby precluding CIGA's liability, regardless of contractual agreements between the employers attempting to shift liability.

SPECIAL EMPLOYERGENERAL EMPLOYERCIGAOTHER INSURANCESELF-INSURED STATUSWORKERS' COMPENSATION COVERAGEJOINT AND SEVERAL LIABILITYCONTRACTUAL EXCLUSIONINDUSTRIAL INJURYLIQUIDATED INSURER

References

Case No. MISSING

Regular Panel Decision

In re the Claim of Consentino

The claimant, employed at Ford Nursing Home, was disqualified from receiving unemployment benefits after voluntarily leaving employment. She initially practiced as a registered professional nurse (RN) under a temporary permit, but failed the licensing examinations. Her employer offered her a licensed practical nurse (LPN) position with substantially the same duties but at a lower hourly wage. The claimant rejected this offer solely due to the reduced pay and resigned. The Unemployment Insurance Appeal Board affirmed the Industrial Commissioner's initial determination that she voluntarily left employment without good cause. The court affirmed the Board's decision, stating that dissatisfaction with a lower pay scale for suitable alternative employment does not constitute 'good cause' under the Labor Law.

Voluntary QuittingGood CauseUnemployment BenefitsWage DisparityLicensureProfessional NurseLicensed Practical NurseLabor Law InterpretationSubstantial EvidenceAdministrative Determination

References

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JULIANA LAMBETH vs. RN NETWORK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR PHICO INSURANCE, KAISER PERMANENTE

SPECIAL EMPLOYERGENERAL EMPLOYERCIGAOTHER INSURANCESELF-INSURED STATUSWORKERS' COMPENSATION COVERAGEJOINT AND SEVERAL LIABILITYCONTRACTUAL EXCLUSIONINDUSTRIAL INJURYLIQUIDATED INSURER

In re the Claim of Consentino

Voluntary QuittingGood CauseUnemployment BenefitsWage DisparityLicensureProfessional NurseLicensed Practical NurseLabor Law InterpretationSubstantial EvidenceAdministrative Determination