David Hanna, vs. United Staffing Solutions; Superior National Insurance, In Liquidation,

In this case, the Workers' Compensation Appeals Board granted reconsideration of the Findings of Fact of July 9, 2009, which found that the court lacked jurisdiction to join RSKCO as a party defendant. The Board concluded that the WCJ erred in not joining RSKCO because its insured, Chino Valley Hospital, was never dismissed as a defendant in this case, and that the joinder of RSKCO is proper under Labor Code section 5803. The Board also noted that Chino Valley, having been joined on May 8, 2003, is still a party defendant, and its workers' compensation carrier can still be joined as a necessary party defendant on account of Chino Valley's insurance contract with that party. The Board ordered that

UNITED STAFFING SOLUTIONS; SUPERIOR NATIONAL INSURANCE, in liquidation, DAVID HANNA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID HANNA, Applicant,vs.UNITED STAFFING SOLUTIONS; SUPERIOR NATIONAL INSURANCE, in liquidation, Defendant(s).Case No. ADJ756255 (AHM 0069873)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the Findings of Fact of July 9, 2009, in which the workers’ compensation judge (WCJ) found that “the Court lacks jurisdiction to join RSKCO [Transportation Insurance Company], administered by Broadspire, as a party defendant in this matter.”            CIGA contends, in substance, that the WCJ erred in not joining RSKCO because its insured, Chino Valley Hospital, was never dismissed as a defendant in this case, that the WCJ erred in relying on Labor Code section 5804, that the joinder of RSKCO is proper under Labor Code section 5803, and that the lack of a finding on the issue of applicant’s alleged special employment by Chino Valley Hospital does not preclude the joinder of its carrier, RSKCO.            RSKCO filed an answer.            The WCJ submitted a Report and Recommendation, wherein in the relevant facts are described as follows:       “The matter was set for trial on the sole issue of whether the Court       has jurisdiction to join Chino Valley Medical Center and RSKCO,       formally Transportation Insurance, administered by Broadspire, as       a party defendant in this case. ,        “The underlying case was resolved by a Findings and Award dated       05/21/04. At the time of trial leading to that Findings and Award,       the parties stipulated that Applicant was employed by United       Staffing Solutions Incorporated. The parties further stipulated that       at the time of injury, the employer’s workers’ compensation       insurance carrier was California Compensation/Superior National       Co

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