Case Name:	CIGA v. WCAB (White)		02/27/2006
Summary:	CIGA was created by legislation to establish a fund from which insureds could obtain financial and legal assistance in the event their insurers became insolvent. CIGA's role in guaranteeing workers' compensation claims is therefore limited: [¶] " ' " 'CIGA is not, and was not created to act as, an ordinary insurance company. EDD also contends that CIGA should be estopped from now arguing that Viveros was effectively overruled by Karaiskos because essentially CIGA took a contrary position in its petition for review in Karaiskos. Second, the precise arguments CIGA made in Karaiskos are not germane here as CIGA did not argue that Karaiskos should be decided in its favor because it was different than Viveros. CIGA claimed there was "other insurance," covering the injury, that is, federal Social Security disability insurance and state unemployment compensation insurance.
Note:	State Employment Development Department lien is not a 'covered claim' that CIGA is required to pay.
Citation:	136 Cal. App. 4th 1528
WCC Citation:	WCC 31442006 CA

Case Name:	CIGA v. WCAB; SCIF		07/18/2007
Summary:	Nonetheless, CIGA paid for all the non-permanent disability indemnity benefits, for both injuries, in the sum of $43,505. 53. CIGA seeks full reimbursement of that amount from SCIF. CIGA sought reimbursement from SCIF for the entire sum of the temporary workers' compensation benefits it had paid. CIGA contended that SCIF, a solvent insurer, should reimburse it for the entire $43,505. 53 paid by CIGA because SCIF bears joint and several liability for all of the temporary workers' compensation expenses CIGA incurred. As we shall explain, we annul Board's decision with directions to enter a new and different decision requiring SCIF to reimburse CIGA $43,505. 53 - the entire sum of the temporary benefits paid by CIGA. SCIF argued that CIGA was responsible for the remaining 75 percent of the temporary benefits because CIGA was responsible for the benefits attributable to the specific injury he sustained while SNIC, now insolvent, was on the risk.
Note:	'Cases interpreting [Ins. Code, Section 1063.1, subd. (c)(9)(i)] have established that where an insured has overlapping insurance policies and one insurer becomes insolvent, the other insurer, even if only a secondary or excess insurer, is responsible for paying the claim. In other words, CIGA is an insurer of last resort and does not assume responsibility for claims where there is any other insurance available.'
Citation:	72 CCC 910
WCC Citation:	WCC 32372007 CA

Case Name:	CIGA vs. WCAB; EDD		03/30/2004
Summary:	The Workers' Compensation Appeals Board (the Board) ruled against CIGA, reasoning that reimbursement of the EDD's lien is a payment to the particular disabled worker's account, not to the EDD. After the hearing, the Board ruled the EDD was entitled to reimbursement from CIGA. The logical, inescapable conclusion is that the EDD lien is an obligation to the State and is not a covered claim that CIGA is obligated to pay. Based on these internal procedures, the EDD argued and the Board agreed that "CIGA's duty to reimburse EDD liens . As written, Insurance Code section 1063. 1 does not authorize CIGA to reimburse the EDD for UCD benefits the EDD paid to Karaiskos.
Note:	EDD lien is not a 'covered claim' for purposes of CIGA liability.
Citation:	117 Cal.App.4th 350
WCC Citation:	WCC 29792004 CA

Case Name:	Cisneros v. WCAB		12/19/1995
Summary:	JOSE CISNEROS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DANCING STAR RANCH et al. , Respondents. Facts On February 15, 1993, applicant Jose Cisneros injured his spine and back while working as a farm laborer for defendant Dancing Star Ranch, insured by the State Compensation Insurance Fund. The Rehabilitation Unit will determine if vocational rehabilitation services were sufficient or if you are entitled to further services. 'He argued that 'WCAB Rule 10017 only requires that the applicant have a 'change of mind' regarding participating in vocational rehabilitation. 'The administrative director shall prescribe by rule and regulation the form and manner by which an employee may decline participation.
Note:	Where applicant was required to decline rehab. to get benefits of C&R, rehab. may be reopened.
Citation:	41 Cal.App.4th 759, 60 CCC 1144
WCC Citation:	WCC 27421995 CA

Case Name:	Cisneros v. WCAB		12/19/1995
Summary:	JOSE CISNEROS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DANCING STAR RANCH et al. , Respondents. Facts On February 15, 1993, applicant Jose Cisneros injured his spine and back while working as a farm laborer for defendant Dancing Star Ranch, insured by the State Compensation Insurance Fund. The Rehabilitation Unit will determine if vocational rehabilitation services were sufficient or if you are entitled to further services. 'He argued that 'WCAB Rule 10017 only requires that the applicant have a 'change of mind' regarding participating in vocational rehabilitation. 'The administrative director shall prescribe by rule and regulation the form and manner by which an employee may decline participation.
Note:	No 'Thomas Finding' required when C&R does not release claims for rehab. benefits.
Citation:	41 Cal.App.4th 759
WCC Citation:	WCC 25281995 CA

Case Name:	Citizens of Humanity v. Applied Underwriters		12/31/1969
Summary:	Filed 11/22/17  CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO .             CITIZENS OF HUMANITY et al. , Plaintiffs and Respondents, .             v. .             APPLIED UNDERWRITERS, INC. , et al. , Defendants and Appellants. .             B276601 .             (Los Angeles County Super. .             Defendants and appellants Applied Underwriters, Inc. (Applied Underwriters), California Insurance Company (CIC), Continental Indemnity Company (CNI), Applied Risk Services, Inc. , Joan Sheppard, Westin Fredrick Penfield, and Michael Scott Wichman (collectively, defendants) appeal from an order denying their petition to compel arbitration of a dispute with plaintiffs and respondents Citizens of Humanity, LLC and CM Laundry, LLC (collectively, plaintiffs). .           The RPA also contains a choice of law provision that states: .           “16. )4 .           Defendants next contend the RPA falls outside the scope of section 25-2602. 01(f) and cite South Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assur.
Note:	The 2nd District Court of Appeal ruled that Applied Underwriters was not entitled to compel arbitration with two disgruntled customers who had purchased its EquityComp insurance program.
Citation:	B276601
WCC Citation:	Los Angeles County Super. Ct. No. BC571913

Case Name:	City and County of San Francisco v. WCAB (Medrano)		12/28/1973
Summary:	CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MERIEL L. MEDRANO et al. , Respondents (Opinion by Molinari, P. J. , with Sims and Elkington, JJ. , concurring. )[36 Cal. App. 3d 413] COUNSEL Thomas M. O'Connor, City Attorney, Raymond E. Agosti and Donald J. Garibaldi, Deputy City Attorneys, for Petitioner. An award in the sum of $1,000 was made by respondent board in favor of Mrs. Cyr for such expenses. The board should have properly awarded the burial expenses to the widow subject to a lien in favor of Mrs. Cyr. (See Lyons v. Hoover, supra, 41 Cal. 2d 145, 149; City etc. of S. F. v. Workmen's Comp.
Note:	Non-heir payment of burial costs only entitled to a lien against heir's death benefit.
Citation:	36 Cal.App.3d 412, 39 CCC 52
WCC Citation:	WCC 24711973 CA

Case Name:	City and County of San Francisco v. WCAB (Ogilvie III)		07/29/2011
Summary:	Dennis J. Herrera, City Attorney, Dyana M. Lechuga, Deputy City Attorney, Peter Scherr, Deputy City Attorney, Danny Yeh Chou, Deputy City Attorney, Counsel for City and County of San Francisco. Marks, Counsel for Amicus Curiae California Workers' Compensation Institute on behalf of City and County of San Francisco. Marks, Counsel for Amicus Curiae American Insurance Association on behalf of City and County of San Francisco. Finnegan, Marks, Theofel & Desmond, Ellen Sims Langille, Counsel for Amicus Curiae California Chamber of Commerce on behalf of City and County of San Francisco. FACTUAL AND PROCEDURAL BACKGROUND Injury Ogilvie worked for the City and County of San Francisco (CCSF) as a Muni bus driver for 17 years.
Note:	The California 1st District Court of Appeal's decision on Friday to reverse the Workers' Compensation Appeals Board's ruling in the Ogilvie case offers three methods for applicants to prove that their rating under the 2005 Permanent Disability Rating Schedule is inaccurate.
Citation:	A126427
WCC Citation:	WCC 37892011 CA

Case Name:	City of California City v. WCAB		07/24/1979
Summary:	CITY OF CALIFORNIA CITY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BOBBY FINKLEA, Respondents. [95 Cal. App. 3d 330] COUNSEL Wayne K. Lemieux, City Attorney, Helm, Budinger & Lemieux, and Jerome M. Budinger for Petitioner. OPINION FRANSON, J. Petitioner, City of California City (hereinafter the City) has sought to have a decision of a Workers' Compensation Appeals Board (hereinafter the Board) vacated. However, the City refused to pay respondent his full salary pursuant to Labor Code section 4850. He demanded his full salary ($1,650 per month) from the City pursuant to section 4850 but the City did not respond.
Note:
Citation:	95 Cal.App.3d 329, 44 CCC 694
WCC Citation:	WCC 26891979 CA

Case Name:	City of Costa Mesa v. McKenzie		02/22/1973
Summary:	CITY OF COSTA MESA, Plaintiff and Appellant, v. ARTHUR R. McKENZIE, Defendant and Respondent (Opinion by Tamura, J. , with Kerrigan, Acting P. J. , and Gabbert, J. , concurring. )This is an action for declaratory relief by the City of Costa Mesa against defendant McKenzie, a retired city employee, for a judicial declaration respecting the city's obligation to pay a disability retirement allowance under city Ordinance No. 64-45. The facts are as follows: Nine years after its incorporation in 1953 as a general law city, Costa Mesa through its city council created an actuarially sound retirement plan for city employees pursuant to Government Code sections 45341-45345. fn. Defendant recommended to the city manager that Costa Mesa adopt a disability plan to bring about the payment of such benefits to its employees. The city determined that he was totally disabled and that the disability was incurred in the line of duty.
Note:	Work comp. benefits are not deducted from disability benefits.
Citation:	30 Cal.App.3d 763
WCC Citation:	WCC 24531973 CA