Ciga

A workers’ compensation insurer that pays a claim for which other insurers are partially responsible generally can seek contribution from those insurers. The issue we decide is whether the rule applies when one of the insurers becomes insolvent and the California Insurance Guarantee Association (CIGA) steps in.

CIGA seeks review of an order of the Workers’ Compensation Appeals Board (WCAB), ordering it to reimburse a solvent insurer for a portion of temporary disability and medical benefits paid to an injured employee. We annul and remand.

FACTS

Timothy Weitzman sustained a specific low back injury on February 12, 1997, while employed by Capstar Hotels, insured by American Motorists Insurance Company (AMIC). On January 30, 1998, he resolved his workers’ compensation claim by entering into a stipulation with Capstar/AMIC. The stipulation provided temporary disability, 14.75 percent permanent disability and payment of medical liens.

On September 26, 2001, Weitzman filed a petition to reopen the award, alleging that his disability had increased and that he was entitled to additional benefits. At the same time, Weitzman filed two new workers’ compensation claims for low…