Temp Star Services; Caitac; Tokio Marine Management, Inc.; California Insurance Guarantee Association For Superior National, In Liquidation, By Broadspire Armando Gutierrez WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO GUTIERREZ, Applicant,vs.TEMP STAR SERVICES; CAITAC; TOKIO MARINE MANAGEMENT, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, in liquidation, by BROADSPIRE, Defendants.Case No; VNO 395339OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the May 29, 2007 Findings, Award and Orders of the workers’ compensation administrative law judge wherein it was found in pertinent part that “Tokio Marine’s [Tokio] insurance policy for Caitac did not provide workers’ compensation insurance coverage for special employees such as the applicant and is not other available insurance within the meaning of Insurance code Section 1063.1(cX9).” The WCJ further found that applicant incurred industrial injury to his back, neck and left shoulder on June 10,1999. while employed as a material cutter by general employer Temp Star, insured by Superior National (Superior), now in liquidation, and by special employer Caitac. insured by Tokio, causing 15% permanent disability and need for medical treatment. CIGA’s request to be dismissed as a party defendant was denied and a joint and several award issued against Tokio and against CIGA. who is now statutorily responsible for covered claims of Superior. CIGA contends that it should have been dismissed as a defendant because Tokio provides “other insurance” available to applicant pursuant to Insurance Code section 1063.1(c)(9). An answer was received from Tokio and Caitac. As described above, applicant incurred industrial injury on June 10. 1999, in the course of , performing duties for special employer Caitac, insured by Tokio, and while on
