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Case Name | Denny's Inc. vs. WCAB (BACHMAN) | |
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Date | 01/17/2003 | |
Note | CIGA not liable for portion of CT where employer self-insured for other portion. | |
Citation | 104 Cal.App.4th1433 | |
WCC Citation | WCC 29072003 CA |
In November 2001, the WCAB denied Denny's petition for reconsideration and adopted the WCJ's reasoning as its own. DISCUSSION Denny's contends the WCAB erred by dismissing CIGA as a party to the workers' compensation proceedings and requiring Denny's to pay the full amount of Bachman's disability award. The WCAB will hold the multiple employers or insurance carriers in the chain of causation jointly and severally liable for the entire award and allow them to apportion their relative liabilities in separate WCAB {Slip Opn. In summary, the WCAB concluded that Denny's and HIH America were jointly and severally liable for Bachman's disability award. The WCAB therefore properly dismissed CIGA as a party to the workers' compensation proceedings.
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