Industrial Indemnity Co. v. WKRS.'COMP. APP. BD.

California Insurance Guarantee Association (CIGA), a statutorily created involuntary unincorporated association of California-admitted insurers, was formed to provide insureds with financial and legal assistance if their insurers become insolvent. [1]

The workers' compensation referee (WCR) assessed an award against Industrial Indemnity Company (Industrial), State Compensation Insurance Fund (SCIF), and CIGA proportionate to periods of coverage by Industrial, SCIF, and insolvent Pacific States Casualty Company (Pacific). The Workers' Compensation Appeals Board (Board) rescinded the WCR's award against CIGA and substituted a joint and several award against Industrial and SCIF.

In these consolidated matters, petitioners Industrial and SCIF challenge the Board's award. Concluding the Board correctly rescinded the award against CIGA and properly imposed joint and several liability on Industrial and SCIF, we affirm the Board's award.

Machine handler Alvaro Garcia filed a workers' compensation claim for cumulative injury sustained on the job during the period from November 6, 1990, through November 6, 1991. During that time Garcia's employer had successive…