United Staffing Solutions, Inc.; Chino Valley Medical; CIGA serviced By Broadspire for Superior National Insurance in liquidation; Transportation Insurance (RSKCO) c/o Broadspire David Hanna WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID HANNA, Applicant,vs.UNITED STAFFING SOLUTIONS, INC.; CHINO VALLEY MEDICAL; CIGA serviced ByBROADSPIRE for SUPERIOR NATIONAL INSURANCE in liquidation;TRANSPORTATION INSURANCE (RSKCO) c/o BROADSPIRE, Defendant(s).Case No. ADJ756255 (AHM 0069873)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant, Transportation Insurance Company (“Transportation”), seeks removal in response to the Minute Order of March 16, 2010, in which the workers’ compensation judge (WCJ) ordered that Transportation, as insurer for Chino Valley Medical Center, be joined as a party defendant herein. Transportation contends, in substance, that the order of joinder will result in significant prejudice or irreparable harm because Transportation has not had opportunity to defend against the injured worker’s claim of injury on June 19, 1998, that Transportation should not be responsible for providing benefits in a claim in which it had no right or opportunity, to participate, that co-defendant California Insurance Guarantee Association (CIGA) failed to defend the injured worker’s claim by failing to contest the issues of permanent disability and apportionment, that Transportation should not be responsible for CIGA’s alleged failures, that CIGA failed to notify Transportation or Chino Valley Medical Center that they had been joined until July 7, 2004, after the five-year Statute of Limitations had run, and that CIGA failed to object to Transportation’s dismissal request of February 5, 2008, which should be treated as a final order. , We begin by noting that the WCJ’s order joining Transportation is not a final order, so Transportation is correct that a petition for removal is the appropriate remedy. Based on our review of the re
David Hanna vs. United Staffing Solutions, Inc.; Chino Valley Medical; CIGA Serviced By Broadspire For Superior National Insurance In Liquidation; Transportation Insurance (RSKCO) C/o Broadspire
This case is about Transportation Insurance Company (Transportation) seeking removal in response to the Minute Order of March 16, 2010, in which the workers' compensation judge (WCJ) ordered that Transportation, as insurer for Chino Valley Medical Center, be joined as a party defendant. The WCJ's order was not a final order, so Transportation sought removal. The Workers' Compensation Appeals Board denied the petition for removal, finding that Transportation had not established significant prejudice or irreparable harm by reason of the WCJ's order of joinder.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ756255
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