WCAB

California Insurance Guarantee Ass'n v. Workers' Compensation Appeals Board

Good Law
128 Cal. App. 4th 569·2005 Cal. App. LEXIS 604·2005 Daily Journal DAR 4431·27 Cal. Rptr. 3d 205·70 Cal. Comp. Cases 551
Court of Appeal of CaliforniaApril 18, 2005B175993California1,178 words

Opinion

Opinion

Perren, J.

In California Ins. Guarantee Assn. v. Workers’ Comp. Appeals Bd. (2005) 128 Cal.App.4th 307 [ 26 Cal.Rptr.3d 845 ] (Weitzman), we held that a workers’ compensation insurance carrier does not have a “covered claim” against the California Insurance Guarantee Association (CIGA) because, inter alia, it is an obligation to an insurer and because it is a claim for “contribution, indemnity, or subrogation.” (Ins. Code, § 1063.1, subd. (c)(5). ) Unlike Weitzman, the claim in the instant matter is not characterized as “joint and several.” It is agreed by the parties that the injuries for which compensation benefits were paid were separate and discrete. We conclude that this distinction is of no legal significance and that the Workers’ Compensation Appeals Board (WCAB) erred when it directed CIGA to reimburse Argonaut Insurance Company (Argonaut), a solvent insurance carrier. Accordingly, the order of the WCAB is annulled. We remand with instructions.

FACTS

The facts are undisputed. Rockney Hooten filed four claims for injuries sustained while working for a single employer. The first claim alleged a specific injury to Hooten’s left shoulder on December 8, 1994. At that time,…

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