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Case Name Miceli vs. Jacuzzi, Inc.; Remedy Temp, Inc.
Date 03/28/2003
Note Policy of special employer is 'other insurance' absolving CIGA of liability.
Citation 68 CCC 434 (En Banc)
WCC Citation WCC 29252003 CA
OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) INTRODUCTION Jacuzzi, Inc. (Jacuzzi) contracted with Remedy Temp, Inc. (Remedy Temp), a temporary staffing agency, to supply temporary employees to Jacuzzi. Temporary employee Mark Miceli was on Remedy Temp's payroll and working at a Jacuzzi jobsite when he sustained an industrial injury. Pursuant to Remedy Temp's contract with Jacuzzi to provide employees to help meet Jacuzzi's temporary staffing needs, Miceli was on Remedy Temp's payroll, not on Jacuzzi's payroll. Jacuzzi was included as an "alternate employer" in the "alternate employer endorsement" contained within the policy between Remedy Temp and Reliance. Jacuzzi, Inc. and Remedy Temp have joint and several liability for the compensation benefits to the injured employee.

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