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

Case No. ADJ3051297 (SJO 0266175) ADJ2527197 (SJO 0231549)
Regular
Apr 28, 2010

VIRGINIA COCIO vs. MOUNTAIN VIEW SCHOOL DISTRICT, ACE, CIGA

This case involves an employee's permanent disability from two cumulative trauma injuries, one covered by CIGA and the other by a solvent carrier, ACE. The physician could not apportion the disability between the two injuries, creating an "unapportionable" award. The Board reconsidered its prior decision, now holding that ACE, as the solvent carrier for "other insurance," is solely liable for the entire indivisible permanent disability award. CIGA is relieved of any liability for this permanent disability.

CIGAACEBenson situationunapportionable permanent disabilitysolvent carrierapportionmentcumulative traumaindivisible award"other insurance"Insurance Code section 1063.1
References
4
Case No. 2025 NY Slip Op 06136 [243 AD3d 414]
Regular Panel Decision
Nov 06, 2025

Lotrean v. 3M Co.

In a product liability case concerning exposure to toxic substances, the Appellate Division, First Department, reversed the Supreme Court's order and granted summary judgment to defendants E.I. du Pont de Nemours and Company, Rust-Oleum Corporation, and Zep, Inc., thereby dismissing the complaint. Plaintiffs, including Marinel Lotrean, failed to establish a prima facie case for causation. Their experts did not adequately demonstrate a causal link between exposure to component solvents in the defendants' products and the plaintiff's medical condition, nor did they provide sufficient evidence that the specific products were contaminated with benzene at levels capable of causing illness. The court found that plaintiffs' assumptions regarding solvent contamination and exposure levels lacked credible evidentiary support, failing to create a question of fact on both general and specific causation.

Products LiabilityToxic ExposureCausation FailureSummary Judgment GrantCarcinogenic SolventsBenzene ContaminationExpert OpinionAppellate ReversalSpecific CausationGeneral Causation
References
4
Case No. MISSING
Regular Panel Decision
May 03, 1988

Billsborrow v. Dow Chemical, U.S.A.

This opinion addresses motions for summary judgment by Dow Chemical, U.S.A., and Pride Solvent Chemical Company, Inc., in a negligence and strict products liability action. Plaintiff Nancy Ann Billsborrow, as administratrix, sued after her husband, Christopher Billsborrow, died from exposure to Neu-Tri solvent. Defendants argued they fulfilled their duty to warn through the "responsible intermediary" and "knowledgeable user" doctrines. The court declined to extend the responsible intermediary doctrine to bulk chemical sales in this context, citing significant distinctions from pharmaceutical cases. Furthermore, it found questions of fact regarding the adequacy of warnings and Pride's knowledge. The court also rejected the knowledgeable user doctrine's application, stating it does not apply to unskilled workers and an employer's knowledge cannot be imputed to an employee. Consequently, the motions for summary judgment were denied.

products liabilitynegligencesummary judgmentduty to warnresponsible intermediary doctrineknowledgeable user doctrinebulk chemical salestrichloroethylene exposurefatal injurychemical hazards
References
22
Case No. OAK 234515, OAK 239085, OAK 240882
Significant

Victoria Gomez vs. Casa Sandoval, Golden Eagle Insurance Company, California Compensation (in liquidation), California Insurance Guarantee Association, Risk Enterprise Management

An en banc opinion clarifying that the California Insurance Guarantee Association (CIGA) is generally relieved of liability in cases with a solvent carrier, unless liability was already apportioned and finalized before the original carrier's insolvency.

California Insurance Guarantee AssociationCIGAcovered claimsother insuranceinsolvencyapportionment of liabilitysuccessive injuriescumulative traumamedical treatmentadministration of award
References
17
Case No. OAK 234515; OAK 239085; OAK 240882; SAC 289506; SAC 289507
En Banc
May 27, 2003

Victoria Gomez, Carol Nokes vs. Casa Sandoval, Golden Eagle Insurance Company, California Compensation (in liquidation), California Insurance Guarantee Association, Risk Enterprise Management, Placer Savings Bank, Fremont Compensation Insurance Company, Paula Insurance Company (in liquidation)

This en banc decision clarifies the liability of the California Insurance Guarantee Association (CIGA) in cumulative and successive injury cases, holding that CIGA is generally relieved of liability if a solvent insurance carrier exists, unless liability was previously apportioned and finalized before the other carrier's insolvency.

CIGACovered ClaimsInsurance Code section 1063.1(c)(9)GarciaIndustrial IndemnitySuccessive InjuryCumulative InjuryOccupational DiseaseApportionment of LiabilityWCJ
References
16
Case No. FRE 0110112 and FRE 0114991
Regular
Feb 01, 2000

CENAIDA MEZA vs. SANDRINI BROTHERS, T & L HARVESTING, GOLDEN EAGLE INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE

The California Insurance Guarantee Association (CIGA) petitioned to be relieved as administrator of medical awards due to a solvent insurer's availability. The Appeals Board granted CIGA's petition, rescinding the prior decision and appointing Golden Eagle Insurance as the administrator. This decision aligns with precedent that CIGA is relieved of administrative duties when "other insurance" is available for successive injuries to the same body parts.

CIGAGolden Eagle InsuranceFremont InsuranceMedical Treatment AwardsSuccessive InjuriesApportionmentAdministratorSolvent InsurerInsolvencyCovered Claims
References
6
Case No. SBA 077625, SBA 073703, SBA 085498
Regular
Aug 04, 2008

DAVID DISANDRO vs. HAAGEN PRINTING & OFFSET, GRAPHIC ARTS, SAFECO INSURANCE COMPANY, ALLIANZ INSURANCE COMPANY, CALIFORNIA INDEMNITY

The Appeals Board granted Safeco's reconsideration, rescinding the prior award finding Safeco liable for contribution. Safeco is not responsible for benefits related to a cumulative trauma injury from Graphic Arts because it did not provide insurance coverage during that employment period. The Board clarified that the applicable statute regarding the California Insurance Guarantee Association (CIGA) does not compel contribution from solvent insurers who were not on risk during the specific period of injury.

Workers Compensation Appeals BoardReconsiderationContributionCumulative Trauma InjuryInsurance CoverageCalifornia IndemnitySafeco InsuranceAllianz InsuranceGraphic ArtsHaagen Printing
References
12
Case No. MON 0271251 MON 0271252 MON 0271253
Regular
Jan 09, 2008

CONSUELO AMADOR vs. JIMWAY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns liability for an applicant's cumulative trauma injury where both Fremont Indemnity (represented by CIGA) and the State Compensation Insurance Fund (SCIF) provided coverage. The Workers' Compensation Appeals Board reversed an arbitrator's decision, finding that SCIF, as a solvent insurer jointly and severally liable for the injury, constitutes "other insurance." Therefore, under Insurance Code section 1063.1(c)(9), CIGA is not liable for the applicant's cumulative trauma injury.

CIGAFremont IndemnitySCIFcumulative traumajoint and several liabilitycovered claimother insuranceInsolvencyLabor Code section 5500.5Insurance Code section 1063.1(c)(9)
References
12
Case No. ADJ3685689 (ANA 0335527) ADJ1125665 (ANA 0345901) ADJ1288486 (ANA 0345902) ADJ3581550 (ANA 0345904) ADJ2369046 (ANA 0335528) MF ADJ2208312 (ANA 0349503)
Regular
Nov 16, 2012

MARIA WENCES vs. JC RESORTS, INC., dba SAND & SURF HOTEL, et. al.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; by BROADSPIRE, for CALIFORNIA COMPENSATION and HIH, in liquidation, EBIC, administered by ARROWWOOD INDEMNITY COMPANY

The Appeals Board granted reconsideration of a WCJ's decision, amending the date of cumulative injury to the applicant's lower extremities to September 21, 1998, through February 18, 2000. The Board affirmed the finding that EBIC, as a solvent carrier, must administer the claim and reimburse CIGA for payments made. This reimbursement amount is to be adjusted by the parties. The Board found the Agreed Medical Examiner's opinions constituted substantial evidence supporting the cumulative trauma finding.

Workers' Compensation Appeals BoardMaria WencesJC ResortsSand and Surf HotelCalifornia Insurance Guarantee AssociationCIGABroadspireHIHEBICArrowpoint Capital
References
9
Case No. ADJ1630547 (MON 0209470)
Regular
Aug 10, 2009

Raymond Burrell vs. Boeing/McDonnell Douglas, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), AIG

This case concerns AIG's petition for reconsideration of a supplemental workers' compensation award. The Appeals Board affirmed an administrative law judge's decision that relieved CIGA of liability and placed the full burden on AIG for an applicant's injury award. The Court found that because AIG was a solvent insurer with joint and several liability, CIGA was not responsible for benefits as it constituted a "non-covered claim" under statute. Therefore, AIG is liable for all benefits after the liquidation of CIGA's underlying insurer.

CIGAIndustrial IndemnityAIGSupplemental Findings and AwardStipulated Awardcontinuing jurisdictionLabor Code section 5803Labor Code section 5804Insurance Code section 1063.1(c)(9)covered claim
References
6
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