Fireman's Fund Insurance v. Workers' Compensation Appeals Board

Pursuant to an agreement, Rocket Science Laboratories (Rocket Science) provided employees for film production, and Payday, Inc. (Payday), agreed to be the employer and make payments to employees including workers’ compensation. Thomas Colamaria was hired as a supervising producer for Temptation Island, and injured his back during the production and claimed workers’ compensation benefits. Payday was insured for workers’ compensation by Reliance National Indemnity Company (Reliance) and Rocket Science was insured for workers’ compensation by Fireman’s Fund Insurance Company (Fireman’s Fund). Reliance became insolvent and workers’ compensation was provided by the California Insurance Guarantee Association (CIGA). CIGA is an association of insurers licensed in California. (Isaacson v. California Ins. Guarantee Assn. (1988) 44 Cal.3d 775, 786 [ 244 Cal.Rptr. 655 , 750 P.2d 297 ] (Isaacson).) Rocket Science and Fireman’s Fund asked to be dismissed as defendants by the Workers’ Compensation Appeals Board (WCAB). The WCAB denied dismissal, finding that Payday and Rocket Science were jointly and severally liable employers for workers’ compensation, that the Fireman’s Fund policy…