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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 The Appeals Board, following this remittitur, rescinded the prior consolidation and stay order, denying RemedyTemp's request for dismissal and CIGA/RemedyTemp's request for a new consolidation.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

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(CIGA) petition for dismissal is denied, and previous consolidation and stay orders affecting similar cases are rescinded.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. FRE 193678

Regular

Apr 11, 2008

JAMES GROVER vs. MVP HYDRATEC, INC., CLARENDON NATIONAL INSURANCE COMPANY, REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RELIANCE NATIONAL INDEMNITY CO.

This case concerns whether Clarendon Insurance, covering the special employer, constitutes "other insurance" under Insurance Code section 1063.1(c)(9), relieving CIGA of liability for an injured worker whose general employer's insurer is insolvent. The Appeals Board granted reconsideration, rescinded the prior award due to incomplete findings and an unclear record regarding the "other insurance" issue, and returned the case to the trial level. The Workers' Compensation Administrative Law Judge must clarify the evidence and make specific findings on general and special employment and whether Clarendon's policy qualifies as "other insurance" before issuing a new decision and award.

Workers' Compensation Appeals BoardCIGAMVP HydratecClarendon National Insurance CompanyRemedyTempgeneral employerspecial employerpermanent disabilityfuture medical treatmentjudicial notice

References

Case No. VEN 0120092

Regular

Apr 11, 2008

JOSE AVILA vs. SEMINIS VEGETABLE SEEDS, INC., REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE for RELIANCE INSURANCE COMPANY in liquidation, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied Zurich North America's petition for reconsideration, affirming the arbitrator's decision that Zurich's policy with Seminis Vegetable Seeds constituted "other insurance." This finding relieved the California Insurance Guarantee Association (CIGA) of liability, as the applicant's claim was not a "covered claim" under CIGA's statutory authority. The Board found that despite Seminis being a special employer, its policy with Zurich covered special employees, making it primary to CIGA's involvement following the insolvency of the general employer's insurer.

Workers' Compensation Appeals BoardSeminis Vegetable SeedsRemedyTempCalifornia Insurance Guarantee AssociationCIGAZurich North AmericaReliance Insurance Companyliquidationspecial employergeneral employer

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. ADJ1976073

Regular

Nov 09, 2009

JAMES GROVER vs. MVP HYDRATEC, INC., CLARENDON NATIONAL INSURANCE COMPANY, administered by F. A. RICHARDS and ASSOCIATES, REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICES for RELIANCE NATIONAL INDEMNITY CO., in liquidation

The WCJ erred in making CIGA liable; Clarendon is "other insurance" available to applicant within the meaning of Insurance Code section 1063.1(c)(9) and liable for workers' compensation benefits.

California Insurance Guarantee AssociationCIGAgeneral employerspecial employerother insuranceReliance National Indemnity CompanyClarendon National Insurance CompanyInsurance Code section 1063.1(c)(9)covered claimsinsolvency

References

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

CIGARemedyTempJacuzziAmerican Home Assurance Co.Reliance National Indemnity Co.special employergeneral employerother insuranceInsurance Code section 1063.1(c)(9)remittitur

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

Workers' Compensation Appeals BoardCIGARemedyTempJacuzziAmerican Home AssuranceInsurance Code section 1063.1(c)(9)other insuranceinsolvencyremittituren banc decision

JAMES GROVER vs. MVP HYDRATEC, INC., CLARENDON NATIONAL INSURANCE COMPANY, REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RELIANCE NATIONAL INDEMNITY CO.

Workers' Compensation Appeals BoardCIGAMVP HydratecClarendon National Insurance CompanyRemedyTempgeneral employerspecial employerpermanent disabilityfuture medical treatmentjudicial notice

JOSE AVILA vs. SEMINIS VEGETABLE SEEDS, INC., REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE for RELIANCE INSURANCE COMPANY in liquidation, ZURICH NORTH AMERICA

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

RemittiturEn BancDecertified OpinionInsurance Code section 1063.1(c)(9)Other InsuranceCalifornia Insurance Guarantee Association (CIGA)Reliance National Indemnity Co.LiquidationRemedyTempInc.

JAMES GROVER vs. MVP HYDRATEC, INC., CLARENDON NATIONAL INSURANCE COMPANY, administered by F. A. RICHARDS and ASSOCIATES, REMEDYTEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICES for RELIANCE NATIONAL INDEMNITY CO., in liquidation

The WCJ erred in making CIGA liable; Clarendon is "other insurance" available to applicant within the meaning of Insurance Code section 1063.1(c)(9) and liable for workers' compensation benefits.