CompFox AI Summary
The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding a prior order that held CIGA liable for 50% of the applicant's future medical treatment costs. The Board found that recent case law indicates a final apportionment award does not alter the joint and several nature of liability among insurers. CIGA argued it is not liable if other insurance, like SCIF's, is available, citing Insurance Code section 1063.1(c)(9). The matter was returned to the trial level for further proceedings to address CIGA's contentions and potential laches defense, which requires a showing of prejudice.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding a prior order that held CIGA liable for 50% of the applicant's future medical treatment costs. The Board found that recent case law indicates a final apportionment award does not alter the joint and several nature of liability among insurers. CIGA argued it is not liable if other insurance, like SCIF's, is available, citing Insurance Code section 1063.1(c)(9). The matter was returned to the trial level for further proceedings to address CIGA's contentions and potential laches defense, which requires a showing of prejudice.
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