Donna Sleeter, vs. Comp First; California Guarantee Association, Administered By Cambridge Integrated Services Group, For Legion Insurance Company, In Liquidation, One Beacon Insurance,

(SDO 0285475) is a case in which Donna Sleeter, an employee of Compfirst, sustained an industrial cumulative trauma injury to her upper extremities, neck and shoulders. One Beacon Insurance provided coverage during the cumulative trauma period through May 1, 2000, and Legion Insurance provided coverage from May 1, 2000, through the end of the cumulative trauma period. Legion Insurance became insolvent on April 25, 2003, and CIGA assumed liability for its covered claims. CIGA filed a petition for contribution from One Beacon Insurance Company for 75% of expenses paid prior to the date of Legion's liquidation, and 100% of the expenses paid by CIGA subsequent to the liquidation. The matter was submitted for arbitration before

COMP FIRST; CALIFORNIA GUARANTEE ASSOCIATION, Administered by CAMBRIDGE INTEGRATED SERVICES GROUP, for LEGION INSURANCE COMPANY, In Liquidation, ONE BEACON INSURANCE, DONNA SLEETER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNA SLEETER, Applicant,vs.COMP FIRST; CALIFORNIA GUARANTEE ASSOCIATION, Administered by CAMBRIDGE INTEGRATED SERVICES GROUP, for LEGION INSURANCE COMPANY, In Liquidation, ONE BEACON INSURANCE, Defendants.Case No. ADJ3109718 (SDO 0285475)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (CIGA), for Legion’ Insurance in liquidation, seeks reconsideration of the Arbitrator’s Findings and Order, issued February 10, 2009, following contribution proceedings, in which an Arbitrator awarded CIGA reimbursement of 100% of its post-liquidation expenses and 75% of its pre-liquidation expenses, but excluded reimbursement for its bill review charges.            CIGA contends the Arbitrator erred in concluding that bill review expenses are not subject to reimbursement because they are not benefits paid to or on behalf of the applicant. CIGA argues that under Insurance Code section 1063.1(c)(9), where other insurance is available, it cannot be held liable for medical cost containment programs, including bill review, associated with a claim.            For the reasons set forth below, we shall grant reconsideration to award CIGA reimbursement for its bill review expenses as a medical expense.BackgroundApplicant, Donna Sleeter, sustained an industrial cumulative trauma injury to her upper , extremities, neck and shoulders, over the period ending August 1, 2000, while employed as a salesperson by Compfirst. One Beacon Insurance provided coverage during the cumulative trauma period through May 1, 2000, and Legion Insurance provided coverage from May 1, 2000, through the end of the cumulative trauma period. Legion Insurance became insolvent on April 25, 200

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