Case Law Database

TIRADO vs. OAKMOUNT COUNTRY CLUB, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION

This case concerns whether a collection agreement constituted an assignment, thereby excluding the California Insurance Guarantee Association (CIGA) from liability for a workers' compensation lien. The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that an assignment occurred. The WCAB found that the agreement with WSG & Associates, despite granting broad authority for collection and settlement, did not transfer ownership of the lien. Key factors included the lien claimant retaining the right to terminate the agreement and the ultimate payment being made to the lien claimant, aligning with precedent that such arrangements are not assignments.