Stumbaugh & Associates, Inc.; Tig Specialty Insurance Company As Administered By Risk Enterprise Management, Ltd.; State Compensation Insurance Fund Jody Latouf WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJODY LATOUF, Applicant,vs.STUMBAUGH & ASSOCIATES, INC.; TIG SPECIALTY INSURANCE COMPANY as Administered by RISK ENTERPRISE MANAGEMENT, LTD.; STATE COMPENSATION INSURANCE FUND, Defendant,Case No. ADJ2186877OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant TIG Specialty Insurance Company’s (TIG) petition for reconsideration to further study the factual and legal issues in this case.1 This is our Opinion and Decision After Reconsideration. TIG sought reconsideration of the July 7, 2009 Findings of Fact wherein the arbitrator found that applicant alleges he sustained industrial injury, while employed by Stumbaugh & Associates, Inc. (Stumbaugh) as a carpenter on March 14, 2006; that at the time of applicant’s alleged injury, Stumbaugh was insured for workers’ compensation by TIG; that the Workers’ Compensation Appeals Board (WCAB) has jurisdiction to entertain applicant’s application; and that “[wjhile there may be concurrent ‘carve out’ jurisdiction pursuant to tabor Code § 3201.5, actions pending before the Workers’ Compensation Appeals Board where jurisdiction has been established, takes precedence over, or at least conveys concurrent jurisdiction with, the and control over the ‘carve out’ program.” TIG contended that the arbitrator erred in finding WCAB jurisdiction pursuant to Stumbaugh’s site-specific policy with TIG and that applicant’s remedy is found under the 1 Commissioner Brass was on the panel that «ranted reconsideration in this case, but, due to his unavailability, he did not participate in this Opinion and Decision After Reconsideration. , mandatory carve oui program alternate dispute resolution system, spcciticaiiy lor btumoaugn s carpenters. We have considered the Petition for Reconsi
