James Pritchett, vs. Chipton-ross, Inc; State Icompensation Insurance Fund; Northrop Grumman Corporation; National Fire Insurance Company Of Pennsylvania,

This case involves a dispute between James Pritchett, Chipton-Ross, Inc., State Compensation Insurance Fund, Northrop Grumman Corporation, National Fire Insurance Company of Pennsylvania, and the California Insurance Guarantee Association (CIGA). Pritchett was injured while employed by Chipton-Ross and Northrop Grumman Corporation, and CIGA is adjusting the covered claims of the insolvent insurer of the general employer. The Workers' Compensation Appeals Board granted reconsideration and reversed the finding of liability against CIGA, finding that CIGA is not liable for workers' compensation benefits if they are covered by "other insurance" and that the joint and several liability of general and special employers is not extinguished by

CHIPTON-ROSS, INC; STATE ICOMPENSATION INSURANCE FUND; NORTHROP GRUMMAN CORPORATION; NATIONAL FIRE INSURANCE COMPANY OF PENNSYLVANIA, JAMES PRITCHETT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA.JAMES PRITCHETT, Applicant,vs.CHIPTON-ROSS, INC; STATE COMPENSATION INSURANCE FUND;NORTHROP GRUMMAN CORPORATION; NATIONAL FIRE INSURANCE COMPANY OF PENNSYLVANIA, Defendant(s).Case Nos.ADJ361146 (AHM0081010)ADJ1841007 (AHM0070321) OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (CIGA), adjusting the “covered claims” of Superior National Insurance Company, in liquidation, seeks reconsideration of the Findings, Award and Order of July 21, 2009 in ADJI841007/AHM0070321, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed by Chipton- Ross on September 10, 1998, sustained industrial injury to his neck, both shoulders, psyche, thoracic spine and hearing, causing permanent disability of 33%. WCJ also found that CIGA is liable for the permanent disability caused by the injury of September 10, 1998, and so the WCJ issued the Award against CIGA for permanent disability indemnity, further medical treatment, self-procured medical treatment, and medical-legal expenses.            CIGA contends, in substance, that it is a statutory creature which is only liable for claims authorized by the Insurance Code, that general employer Northrop Grumman is jointly and severally liable for this applicant’s workers’ compensation benefits, that the contractual agreements between Northrop Grumman and Chipton-Ross are not binding on CIGA, and that CIGA’s stipulations in the original Appeals Board case of Miceli v. Jacuzzi, Inc. (2003) 68 Cal. ‘Comp. Cases 434 [en banc] are not binding in this case. ,             Northrop Grumman Corporation filed an answer.             The WCJ submitted a Report and Recommendation (“Report”). Based on our review o

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