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Case Name | Carver v. WCAB | |
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Date | 02/20/1990 | |
Note | Nonpayment penalties are benefits, not damages; UEF has burden of seeking reimbursement. | |
Citation | 217 Cal.App.3d 1539, 55 CCC 36 | |
WCC Citation | WCC 24471990 CA |
WILLIAM CARVER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al. , Respondents (Opinion by Racanelli, P. J. , with Newsom and Stein, JJ. , concurring. )On September 12, 1988, in response to petitioner's subsequent petition for reconsideration, the Board issued a second opinion affirming its July 21 result. Thus, we must conclude that there was no compliance with the Board rules requiring notice to a party. CIGA was created in 1969 to protect policyholders and claimants under policies of insurance issued by insurers who later become insolvent. The Board also expressed concern over CIGA's ability to defend such claims when employees of the insolvent may become unavailable.
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