John Battista vs. Ground Breaking Construction company; California Insurance Guarantee Association For Sable Insurance Company, In Liquidation

This case is about John Battista, an applicant who sustained industrial injuries to his back on December 22, 1999 and August 7, 2001. His employer was insured for the first injury by the State Compensation Insurance Fund (SCIF) and for the second injury by Sable Insurance Company. When Sable Insurance Company went into liquidation, the California Insurance Guarantee Association (CIGA) took over its California claims. CIGA sought reimbursement from SCIF for the expenses paid for temporary disability indemnity, medical treatment, and other expenses. SCIF objected to the evidence presented by CIGA and requested to cross-examine a CIGA representative. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings and Award

Ground Breaking Construction Company; California Insurance Guarantee Association For Sable Insurance Company, In Liquidation John Battista  WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA JOHN BATTISTA, Applicant, vs. GROUND BREAKING CONSTRUCTION COMPANY; CALIFORNIA INSURANCEGUARANTEE ASSOCIATION for SABLE INSURANCE COMPANY, In Liquidation,Defendants.Case Nos. ADJ855806 (VNO 0433480) ADJ1859136 (VNO 0436396)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION             Defendant State Compensation Insurance Fund (SCIF) seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of May 27. 2010, wherein the WCJ found that “(California Insurance Guarantee Association (CIGA)J is entitled to the requested reimbursement pursuant to their petition for [reimbursement! and that (SCIF] is to (reimburse] CIGA the amount of $52,785.22.” In this matter, applicant sustained industrial injury to his back on both December 22. 1999 and August 7, 2001. Applicant’s employer was insured for the first injury by SCIF. and for the second injury by Sable Insurance Company. On July 17, 2001, Sable Insurance Company went into liquidation, and CIGA took over its California claims subject to certain statutory limitations. Applicant’s claim was resolved by way of a joint stipulated award approved on April 21, 2008, wherein it was found that the injuries jointly caused 30% permanent disability, with apportionment divided in half between the two injuries. A stipulation in the award. “CIGA is paying 15% and SCIF is paying 15% on the respective c;f es towards the overall 30% permanent disability. CIGA hereby reserves its right to seek reimbursement against SCIF for any and all expenses paid on this claim pursuant to California law. CIGA further disclaims any liability for future medical treatment, medical temporary disability, or vocational rehabilitation benefits, if any, pursuant to Insurance Code Section 1063.1(cX9), Cali

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