Denny’s Restaurants, And CIGA For HIH Insurance, In Liquidation, And Adjusted By Intercare Insurance Services Diane Ingram WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE INGRAM, Applicant,vs. DENNY’S RESTAURANTS, And CIGA For HIH INSURANCE, In Liquidation, And Adjusted by INTERCARE INSURANCE SERVICES, Defendants.Case No. SRO 0110490OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Defendant, American Casualty Company (“American”), adjusted by CNA/CLAIMPLUS, seeks reconsideration of the Findings and Award of October 24, 2007, in which the workers’ compensation arbitrator (WCA) found that the California Insurance Guarantee Association (“CIGA”) has expended an additional $29,988.31 for medical care and permanent disability since the prior arbitrator’s award, that CIGA’s original lien was timely filed pursuant to the previous findings and was a continuing lien as indicated on the face of the document, that CIGA was under specific orders to continue payment of all benefits until a solvent insurance company picked up benefits, and that American delayed taking over the administration of the claim, resulting in CIGA’s additional expenditure of $29,988.31. In addition, the WCA issued “Conclusions of Law” wherein he concluded, in relevant part, that there is no question of CIGA’s right to recover, that CIGA’s lien filed on October 22, 2003 is still a valid lien, and that any delay by American in picking up and paying its obligation was through its own neglect, so CIGA is entitled to be reimbursed for the additional sums paid in the interim. Pursuant to the foregoing findings and conclusions, the WCA awarded $29,988.31 to CIGA, and ordered CNA/CLAIMPLUS to reimburse CIGA in that amount. , American contends, in substance, that the prior arbitration award of December 28, 2004, wherein CIGA was awarded $53,946.83 as the “total amount of the lien claim of defendant CIGA herein,” is res judicata and bars CIGA from litigating or recoverin
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