Andrea Seyfried, vs. Compass Films, Inc.; National Surety Company/fireman’s Fund; Power Payroll, Inc.; California Insurance Guarantee Association For Legion Insurance Company, In Liquidation, By Broadspire,

COMPASS FILMS, INC.; NATIONAL SURETY COMPANY/FIREMAN’S FUND; POWER PAYROLL, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by BROADSPIRE, ANDREA SEYFRIED, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANDREA SEYFRIED, Applicant,vs.COMPASS FILMS, INC.; NATIONAL SURETY COMPANY/FIREMAN’S FUND; POWER PAYROLL, INC.; CALIFORNIAINSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by BROADSPIRE, Defendants.Case No. ADJ3923408 (LAO 0786540)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the petition of the California Insurance Guarantee Association (CIGA) for reconsideration of the May 5, 2008 Findings and Orders of the workers’ compensation administrative law judge (WCJ) who found in pertinent part that “Power Payroll agreed to perform the payroll services including workers’ compensation for Compass Films, Power Payroll is found to be the employer.” Applicant claims that she incurred industrial injury to several body parts on August 19, 2000, when she crashed in the van she was driving from Arizona to California following her work at the filming of a car commercial.            CIGA, who is responsible for the covered claims of Legion Insurance Company (Legion), the now insolvent insurer of Power Payroll, Inc. (Power Payroll), contends that the evidence shows that applicant’s employer at the time she was injured was Compass Films, Inc. (Compass) then insured by National Surety Company, now Fireman’s Fund (Fireman’s), or in the alternative, that there was dual employment or special and general employment.            We grant reconsideration, rescind the May 5, 2008 Findings and Orders and enter a finding that applicant’s general employer on the date of injury was Power Payroll, and that her special employer at that time was Compass. The case is returned to the trial level for further proceedings , and decision regarding the respective liabilities of CIGA and Fireman

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.