General Insurance Co. of America v. Workers' Compensation Appeals Board

Petitioner General Insurance Company of America (General) is one of several insurance carriers for the employer in the subject workers’ compensation proceeding before respondent Workers’ Compensation Appeals Board (Board). General here contends: (1) in granting the petitions for reconsideration filed by other insurance carriers in this matter the Board erred in refusing to also grant reconsideration as to General on the ground it did not seek reconsideration and (2) the Board erred in ordering General to administer the workers’ compensation award. We hold that as General’s liability is so inextricably interwoven with the liability of the carriers whose petitions for reconsideration were granted that the Board erred in not extending the grant of reconsideration to General even though General had not sought reconsideration along with the other carriers. We also annul the Board’s order directing General to administer the award as it was based upon the refusal to grant reconsideration in favor of General.

I. Summary of Proceeding Before Appeals Board

Respondent Glen A. Sale filed three claims with the appeals board for workers’ compensation benefits. All the alleged…