Home/Case Law/MARTHA FRANCO vs. STAFFMARK TEMPORARY AGENCY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION
Regular DecisionWorkers' Compensation

MARTHA FRANCO vs. STAFFMARK TEMPORARY AGENCY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Filed: Apr 29, 2014
Anaheim
ADJ6734350

CompFox AI Summary

The Workers' Compensation Appeals Board granted CIGA's Petition for Removal, rescinding the prior denial of CIGA's petition to join Travelers. CIGA sought to join Travelers, arguing it may have a right to reimbursement from them as a potential special employer. The WCJ incorrectly applied a statute barring contribution claims for cumulative injuries, when this was a specific injury. The Board returned the matter to the trial level for consideration of the joinder petition, ordering CIGA to properly serve Travelers.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted CIGA's Petition for Removal, rescinding the prior denial of CIGA's petition to join Travelers. CIGA sought to join Travelers, arguing it may have a right to reimbursement from them as a potential special employer. The WCJ incorrectly applied a statute barring contribution claims for cumulative injuries, when this was a specific injury. The Board returned the matter to the trial level for consideration of the joinder petition, ordering CIGA to properly serve Travelers.

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