Yre Trucking, allegedly uninsured, UEBTF, Transguard Insurance Company Dalvir Singh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADALVIR SINGH, Applicant,vs.YRE TRUCKING, allegedly uninsured, UEBTF, TRANSGUARD INSURANCE COMPANY, Defendant(s).Case No. ADJ6680977OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Transguard Insurance Company (Transguard) has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the order joining Transguard as a party defendant (Order) dated December 16, 2010. Transguard contends that it is not the workers’ compensation insurer for employer YRE Trucking (YRE); that it provides accident insurance coverage for independent contractors; that it has no potential liability for workers’ compensation benefits, nor for payment of any other benefits within the jurisdiction of the WCAB; and that it is not a proper party to this case and should never have been joined. We have not received answers from applicant, YRE, or the Uninsured Employers Benefits Trust Fund. Applicant, while claiming to have been employed as a truck driver on September 6, 2008, claims to have sustained an industrial injury to his back, upper and lower extremities. The employer, apparently uninsured for workers’ compensation, has denied the injury, contending that applicant was an independent contractor. In her Report and Recommendation, the workers’ compensation administrative law judge (WCJ) states: “Applicant bought coverage with Transguard Insurance Company through NAIT, an independent truckers association. This policy was to pay him benefits for time off work and , medical treatment if he was involved in an accident as an independent trucking contractor. Applicant, however, chose to make a claim of employment with YRE TRUCKING to receive workers’ compensation benefits. Transguard’s contract precludes payment of benefits if applicant is an employee. The main question pres
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