Miracle Ford; California Insurance Guarantee Association, Administered By Intercare Insurance Services For Hih America Compensation (In Liquidation); West Covina Toyota; Universal Underwriters Insurance Company/Zurich North America Alfred R. Lee, Jr. (Deceased), Valerie L. Lee (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFRED R. LEE, JR. (Deceased), VALERIE L. LEE (Widow), Applicant,Vs.MIRACLE FORD; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by INTERCARE INSURANCE SERVICES for HIH AMERICA COMPENSATION (In Liquidation); WEST COVINA TOYOTA; UNIVERSAL UNDERWRITERS INSURANCE COMPANY/ZURICH NORTH AMERICA, Defendants.Case No. LAO 781284OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant, California Insurance Guarantee Association (“CIGA”), administered by Intercare Insurance Services for HIH America Compensation (“HIH”) in liquidation, seeks removal in response to an interlocutory order issued by the workers’ compensation administrative law judge (WCJ) on August 22, 2002, in which the WCJ submitted this matter for decision and granted applicant’s election against CIGA, noting that CIGA “has the last four months” of applicant’s cumulative trauma claim. In this case, it is alleged that decedent Alfred Lee, while employed as a car salesman/financial manager by Miracle Ford (insured by HIH) during the period February 7, 2000 through June 7, 2000, sustained industrial injury to his cardiovascular and cerebral vascular system on June 7, 2000, resulting in his death on June 11, 2000. CIGA contends that (1) pursuant to Insurance Code section 1063.1(c)(9),1 the applicant may not elect against CIGA because there is a legally-joined, viable insurance carrier, Universal 1Insurance Code section 1063.1(c)(9) provides in relevant part: “ “Covered claims” does not include (i) any claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or in
