Donald Anson vs. Edelman Mental Health Facility; California Insurance Guarantee Association By Sedgwick For Superior National Insurance Company, Now In Liquidation

In this case, Donald Anson was employed by PDQ Personnel Services and sustained industrial injuries on June 9, 2000, and from February 2000 through June 8, 2000. California Insurance Guarantee Association (CIGA) paid benefits and the cases were resolved by Stipulations with Request for Award and Award dated September 7, 2011. The issue of CIGA's petition for reimbursement from County of Los Angeles was brought to trial on August 7, 2012. The Workers' Compensation Administrative Law Judge (WCJ) ordered reimbursement to CIGA from County, including an amount of temporary disability indemnity and pre-judgment interest. CIGA conceded that there is no applicable provision in the Labor Code that permits an award of pre-

Edelman Mental Health Facility; California Insurance Guarantee Association by Sedgwick for Superior National Insurance Company, now in liquidation Donald Anson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD ANSON, Applicant,vs.EDELMAN MENTAL HEALTH FACILITY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICK for SUPERIOR NATIONAL INSURANCE COMPANY, now in liquidation, Defendants.Case Nos. ADJ4678688 (LBO 0318838)ADJ820791 (LBO 0319383)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            On November 30, 2012, the workers’ compensation administrative law judge (WCJ) filed a Findings and Order, finding in relevant part that California Insurance Guarantee Association (CIGA) had paid temporary disability indemnity in the amount of $26,675.77 and ordering County of Los Angeles (County) to reimburse CIGA in this amount and to make payment of pre-judgment interest. County filed a timely Petition for Reconsideration, contending that there is no statutory basis to require payment of pre-judgment interest to CIGA and that the amount of temporary disability indemnity paid by CIGA was $16,892.49. CIGA has filed an Answer. CIGA contends that it is entitled to pre-judgment interest but concedes that it paid only $16,892.49 in temporary disability indemnity.            Applicant, while employed by PDQ Personnel Services (PDQ), insured by Superior National Insurance Company, now in liquidation and administered by CIGA, and County, self-insured, sustained industrial injuries on June 9, 2000, and from February 2000 through June 8, 2000. CIGA paid benefits. In our Opinion and Decision After Reconsideration dated December 11, 2008, we ordered that County was solely liable for benefits payable to applicant and that CIGA was dismissed as a party-defendant. The cases were resolved by Stipulations with Request for Award and Award dated September 7, 2011.            The cases came on for trial on August 7, 2012, on the issue of CIGA’s p

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