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Case Name | Lee vs. Miracle Ford; CIGA | |
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Date | 02/18/2003 | |
Note | Applicant may not elect against CIGA when there are other viable carriers having liability during the alleged CT period. | |
Citation | 68 CCC 213 (Panel) | |
WCC Citation | WCC 29192003 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. LAO 781284 OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL ALFRED R. LEE, JR. (Deceased), VALERIE L. LEE (Widow), Applicant, vs. Therefore, we will grant removal, rescind the order allowing election against CIGA, and return this matter to the WCJ for further proceedings. We also conclude that it is premature to dismiss CIGA as a party defendant at this point in the proceedings. The application named Miracle Ford as the employer and HIH as the insurance carrier. However, the WCJ also issued the rulings disputed here, approving applicant's election against CIGA and submitting this matter for decision.
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