MARIO VALDEZ vs. ITO CARIANI SAUSAGO CO., TOKIO MARINE FIRE INSURANCE, RANDSTAD/ACCUSTAFF BY CIGA THROUGH ITS SERVICING FACILITY BROADSPIRE ON BEHALF OF LEGION INSURANCE IN LIQUIDATION

This case concerns an industrial injury sustained by an employee loaned from a general employer (Randstad/Accustaff) to a special employer (Ito Cariani Sausage Co.). The Workers' Compensation Appeals Board denied reconsideration of a finding that Tokio Marine and Fire Insurance, the special employer's carrier, was liable, despite the general employer's original insurer becoming insolvent. The Board found no evidence of a valid agreement under Labor Code § 3602(d) shifting responsibility to the general employer's insurer, and thus Tokio remained liable as "other insurance" available to the claimant.