TEMPSTAR SERVICES, INC.; CIGA By Its Servicing Facility BROADSPIRE For CALIFORNIA COMPENSATION INSURANCE COMPANY; In Liquidation, ITT CANNON INT’L, INC.; ACE/USA, EMILIA MONROY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEMILIA MONROY, Applicant,vs.TEMPSTAR SERVICES, INC.; CIGA By Its Servicing Facility BROADSPIRE ForCALIFORNIA COMPENSATION INSURANCE COMPANY; In Liquidation, ITT CANNON INT’L, INC.; ACE/USA, Defendants.Case No. ADJ4022825 (AHM 0126552)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), for California Compensation Insurance Company, in liquidation, seeks reconsideration of the Order Dismissing Case, issued June 8, 2009, in which a workers’ compensation administrative law judge (WCJ) ordered the case dismissed without prejudice for applicant Emilia Monroy’s failure to prosecute her claim. CIGA contends the WCJ erred in dismissing applicant’s case over its objections, since its petition for reimbursement against ACE USA for benefits CIGA paid to applicant has not yet been resolved. Co-defendant ACE USA, for special employer ITT/CANNON International, has filed an answer to CIGA’s petition. As CIGA has paid benefits to applicant, it is entitled to a determination of its right to reimbursement against ACE USA. The WCJ’s dismissal of the entire case fails to account for CIGA’s potential statutory right to reimbursement. That an issue exists whether CIGA will prevail in seeking reimbursement should not prevent CIGA from pursuing its claim. Accordingly, we shall amend the order of dismissal to provide for CIGA’s right to pursue its right to reimbursement , against ACE USA by ordering that only applicant’s Application for Adjudication of Claim be dismissed. For the foregoing reasons, IT IS ORDERED that the June 26, 2009 Petition for Reconsideration be, and hereby is, GRANTED, and as our Decision After Reco
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