This case involves a dispute between David Coe, the applicant, and the Professional Association of Diving Instructors, Mission Insurance Company, and the California Insurance Guarantee Association (CIGA). Coe sought a deposition attorney’s fee under Labor Code Section 5710, but CIGA argued that it was entitled to a credit against Coe’s net third party recovery. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the original decision, and ruled that CIGA was entitled to a credit against Coe’s net third party recovery for the attorney’s fee.
PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS; MISSION INSURANCE COMPANY, IN LIQUIDATION; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION DAVID COE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID COE, Applicant,vs.PROFESSIONAL ASSOCIATION OF DIVINGINSTRUCTORS; MISSION INSURANCECOMPANY, IN LIQUIDATION; and CALIFORNIA INSURANCE GUARANTEEASSOCIATION, Defendants,Case Nos. ADJ302560 (LAO 0733786)OPINION AND ORDER GRANTINGRECONSIDERATION AND DECISION AFTERRECONSIDERATION We have considered the allegations of the petition for reconsideration and the contents of thereport of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated in said report which we adopt and incorporate, we willgrant reconsideration, rescind the WCJ’s October 14, 2011, decision and issue a new decision as set forthbelow. CIGA is entitled to credit against applicant’s net third party recovery for its liability for Lab
