FILM PAYMENT SERVICES KID BROTHERS PRODUCTION CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY in liquidation ST PAUL FIRE & MARINE INSURANCE COMPANY ERIKA ROLLINS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIKA ROLLINS, Applicant,vs.FILM PAYMENT SERVICES; KIDBROTHERS PRODUCTION; CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONfor LEGION INSURANCE COMPANY, inliquidation; ST. PAUL FIRE & MARINEINSURANCE COMPANY, Defendants.Case No. ADJ1717969 (VNO 0449705)OPINION AND ORDER GRANTINGRECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, defendant California Insurance Guarantee Association (CIGA), and defendant St. Paul Fire & Marine Ins. Co. (Travelers) each seek reconsideration of an Arbitration Award issued on February 24, 2014, wherein an arbitrator found that applicant sustained industrial injury on March 1, 2002 while employed by general employer Film Payment Services (insured by Legion Insurance Company) and special employer Kid Brothers Productions (insured by Travelers). The arbitrator found that the policy issued by Travelers to Kid Brothers Productions did not specifically exclude special employees from coverage, and thus found that the Travelers policy constituted “other insurance” covering the applicant’s injury pursuant to Insurance Code section 1063.1(c)(9), rendering applicant’s injury not a covered claim for which liability may be imposed against CIGA. The arbitrator thus ordered that (1) Travelers, and not CIGA, was liable to the applicant for benefits resulting from the injury, (2) CIGA was entitled to reimbursement from Travelers for benefits paid to the applicant as well as claims expenses, and that (3) CIGA “sha l be dismissed as a party defendant.” Applicant contends in her Petitiont that the arbitrator erred in absolving CIGA of all liability and in dismissing it from the WCAB proceedings, arguing that CIGA may still be liable for an as yet unadjudicated claim for injury to the psych
