Jacci Martinez (employee); Douglass Aircraft; And California Insurance Guarantee Association, On Behalf Of Fremont Compensation Insurance Company, In Liquidation, (real Party In Interest), vs. Santa Maria Joint Union High School District, Permissibly Self-insured,

In this case, Jacci Martinez, an employee of Santa Maria Joint Union High School District, was injured on March 10, 2005 when a co-worker accidentally ran into her. California Insurance Guarantee Association (CIGA), the applicant and a lien claimant, sought reconsideration of the Findings and Award of September 16, 2009, wherein the workers' compensation judge (WCJ) found that the employee did not sustain an industrial injury on March 10, 2005. CIGA argued that the reports of Daniel N. Ovadia, M.D., an orthopedic surgeon and the parties' agreed medical evaluator (AME), were inconsistent and that the WCJ should have ordered the parties to develop the record on whether the alleged

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, permissibly self-insured, JACCI MARTINEZ (EMPLOYEE); DOUGLASS AIRCRAFT; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of FREMONT COMPENSATION INSURANCE COMPANY, in liquidation, (REAL PARTY IN INTEREST), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACCI MARTINEZ (EMPLOYEE);DOUGLASS AIRCRAFT; and CALIFORNIAINSURANCE GUARANTEE ASSOCIATION,on behalf of FREMONT COMPENSATIONINSURANCE COMPANY, in liquidation,(REAL PARTY IN INTEREST), OPINION AND ORDERDENYING RECONSIDERATION Applicant,vs.SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, permissibly self-insured, Defendant.Case No. ADJ1927295 (GRO 0034471)OPINION AND ORDER DENYING RECONSIDERATION            California Insurance Guarantee Association (CIGA), the applicant1 and a lien claimant herein and the party responsible for the “covered claims” of now-insolvent Fremont Compensation Insurance Company, Douglass Aircraft’s insurer on the dates that the employee, Jacci Martinez, sustained industrial injuries while working for it, which injuries are the subject matter of other cases, seeks reconsideration of the Findings and Award2 of September 16, 2009, wherein the workers’ compensation judge (WCJ) found that the employee did not sustain an industrial injury on March 10, 2005, while employed by defendant, Santa Maria Union High School, as an administrative assistant.            CIGA contends that the employee did sustain an industrial injury while employed by defendant on March 10, 2005, and that the WCJ erred in concluding otherwise, arguing that the reports of Daniel N. Ovadia, M.D., an orthopedic surgeon and the parties’ agreed medical evaluator (AME), are inconsistent and that the WCJ, therefore, should have ordered the parties to develop 1CIGA incorrectly identifies itself in its petition for reconsideration as a “defendant” herein. However, CIGA filed the Application for Adjudication for Claim and, therefore, is the applicant. It appears that CIGA is the d

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