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

Case No. ADJ3564182 [LAO 0783358] ADJ4216762 [LAO 0783359] ADJ2942435 [LAO 0783360]
Regular
Sep 17, 2008

SHEILA MENZIES vs. NEW HORIZON (DBA) SAN FERNANDO VALLEY ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR SUPERIOR NATIONAL in liquidation by BROADSPIRE, CLARENDON NATIONAL INSURANCE COMPANY

The WCAB denied defendant CIGA's petition for reconsideration of the date of injury. The WCJ found the date of injury to be April 10, 2000, based on applicant's knowledge of disability and the evidence of permanent disability from treatment and work restrictions. CIGA's arguments regarding liability and apportionment were rejected.

Workers' Compensation Appeals BoardNew HorizonCalifornia Insurance Guarantee AssociationSuperior NationalClarendon National Insurance Companydate of injuryLabor Code Section 5412Labor Code Section 5500.5Petition for ReconsiderationAmended Joint Findings of Fact
References
Case No. ADJ2917674 (VNO 0407939)
Regular
Dec 13, 2010

HARRIET ZINGER, vs. JEFFER, MANGELS, BUTLER & MARMARO; SUPERIOR NATIONAL INSURANCE, In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; STATE COMPENSATION INSURANCE FUND,

The WCAB granted the State Compensation Insurance Fund's (SCIF) petition for reconsideration. The SCIF sought to change the date of injury for applicant Harriet Zinger's orthopedic injury. While the WCJ initially set the date of injury as February 17, 2001, based on her first temporary disability, the SCIF argued for September 2, 2000. The WCAB affirmed the WCJ's decision on the date of injury and the period of liability. However, they amended the dismissal order to correctly identify Superior National Insurance, in liquidation, as a dismissed defendant.

WORKERS' COMPENSATION APPEALS BOARDState Compensation Insurance FundPetition for ReconsiderationFindings of FactOrder of DismissalLabor Code section 5412date of injurytemporary disabilityCalifornia Insurance Guarantee AssociationSuperior National Insurance
References
Case No. ADJ4699173 (FRE 204280) ADJ2234380 (FRE 204242) ADJ201252 (FRE 206405) ADJ3631426 (FRE 213090)
Regular
Nov 14, 2008

JOHNNY DURAN vs. DARRYL HITCHMAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation, by BROADSPIRE, CENTREX HOMES, AMERICAN GUARANTEE AND LIABILITY INSURANCE/ZURICH NORTH AMERICAN OCIP

This case concerns applicant Johnny Duran's industrial injuries to his back and knees. The California Insurance Guarantee Association (CIGA) sought reconsideration of a finding that the cases should be returned to arbitration for insurance coverage issues. The Appeals Board rescinded the prior decision, finding no arbitration is necessary because Zurich already established coverage for cumulative trauma injuries. However, the cases are returned to the Workers' Compensation Judge to determine CIGA's liability for benefits solely attributable to specific injuries where Superior National was the sole available insurer.

CIGASuperior National Insurance CompanyliquidationreconsiderationWorkers' Compensation Appeals BoardArbitratorinsurance coverageLabor Code Section 5275(a)(1)compromise and releaseZurich North American
References
Case No. VNO 0413681, VNO 0469245
Regular
Mar 24, 2008

JANET ANN SAMBAR vs. SANTA CLARITA HEALTH CARE ASSOCIATES dba HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Travelers Insurance Company's petition for reconsideration, reversing its prior decision that held Travelers liable for a portion of applicant's cumulative trauma injury. The Board determined that Travelers' prior stipulation was not binding in the contribution arbitration with CIGA, as CIGA was not a party to that stipulation. The Board reinstated the Arbitrator's finding that applicant's date of injury was August 14, 2000, during the coverage period of Superior National Insurance Company, and that no injurious exposure occurred while Travelers was the insurer.

Workers' Compensation Appeals BoardCumulative TraumaLabor Code $\S$ 5500.5Insurance Guarantee Association (CIGA)Superior National Insurance CompanyTravelers Insurance CompanyPetition for ContributionStipulationArbitrationDate of Injury
References
Case No. VEN 0115536
Regular
Aug 04, 2008

ROBERT FROELICH vs. CONTRACTORS LABOR POOL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCATION, RELIANCE NATIONAL INSURANCE CO., GM NORTHROP CORP., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

This case concerns a dispute over workers' compensation liability following an industrial injury sustained by an employee who was a general employee of Contractors Labor Pool (insured by insolvent Reliance) and a special employee of GM Northrup Corp. The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding, determining that National Fire Insurance Company's policy for GM Northrup Corp. constituted "other insurance." Consequently, National Fire Insurance Company is now liable for the applicant's benefits, and the California Insurance Guarantee Association is not liable as the claim is not a "covered claim."

CIGAReliance National InsuranceNational Fire Insurance Companycovered claimsother insurancegeneral employerspecial employerjoint and several liabilitypolicy constructionInsurance Code section 1063.1
References
Case No. VNO 0423681, VNO 0469245
Regular
Jun 16, 2008

JANET ANN SAMBAR vs. SANTA CLARITA HEALTH CARE ASSOCIATES dba HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, BROADSPIRE CLAIM SERVICES, INC., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding its prior decision that Travelers Insurance Company is not liable for the applicant's cumulative trauma injury. The Board found that a prior stipulation by Travelers was not binding on CIGA in a separate arbitration proceeding. Furthermore, the evidence established that the applicant's date of injury was August 14, 2000, and Travelers was not the employer's insurer during the relevant one-year exposure period, thus limiting liability to Superior/CIGA.

CIGATravelers Insurance CompanySuperior National Insurance CompanyHenry Mayo Newhall Memorial Hospitalcumulative trauma injurylast year of injurious exposureLabor Code § 5500.5Petition for Contributionstipulation"other insurance"
References
Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
Case No. SRO 99047, SRO 100453, SRO 100595
Regular
May 28, 2008

CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in *Brodie* and subsequent WCAB en banc decision in *Benson*. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

CIGASCIFSuperior NationalliquidationSROindustrial injuryleft kneebackcashierstock clerk
References
Case No. ADJ2919964 (LAO 0735981)
Regular
Sep 15, 2011

ALICIA SAUCEDO vs. TRI MARINE CANNING CO.; CIGA by its servicing facility, BROADSPIRE, for SUPERIOR NATIONAL, in liquidation

The Workers' Compensation Appeals Board granted the defendant's petition for removal because a trial order setting a lien trial without allowing necessary discovery prejudiced the defendant and violated its due process rights. The defendant argued it had not had an adequate opportunity to investigate outstanding liens, some of which appeared to be new or misidentified. The Board rescinded the trial order, canceled the trial, and took the matter off calendar pending completion of discovery, finding this necessary to ensure fairness and facilitate potential settlement.

Workers Compensation Appeals BoardPetition for RemovalOrder Granting PetitionDecision After RemovalCalifornia Insurance Guarantee AssociationCIGABroadspireSuperior NationalLiquidationDiscovery
References
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
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