RE-BUILDERS, INC., dba RE-BUILDERS NORTH BAY and STATE COMPENSATION INSURANCE FUND; LABOR CONNECTION, INC.; CAMBRIDGE INTEGRATED SERVICES GROUP, INC., on behalf of CIGA for RELIANCE INSURANCE, in liquidation, JOHN M. WILLIAMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN M. WILLIAMS, Applicant,vs.RE-BUILDERS, INC., dba RE-BUILDERS NORTH BAY and STATE COMPENSATION INSURANCE FUND; LABOR CONNECTION, INC.; CAMBRIDGE INTEGRATED SERVICES GROUP, INC., on behalf of CIGA for RELIANCE INSURANCE, in liquidation, Defendants.Case No. ADJ3004293 (SRO 0113066)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the workers’ compensation administrative law judge’s (WCJ) Findings of Fact that issued on March 3, 2009. The WCJ found that the policy of State Compensation Insurance Fund (SCIF) issued to Re-Builders, Inc. (Rebuilders), the special employer, did not extend coverage to its special employees such as John Williams (applicant) because of its contract with Labor Connection, Inc. (Labor Connection), the general employer, to provide worker’s compensatiorn coverage for the general employer’s employees. CIGA contends that the WCJ erred in finding that the policy of workers’ compensation insurance of the special employer provided by SCIF did not extend coverage to employees of the special employer when SCIF’s policy of insurance did not specifically exclude from its coverage such employees. Thus, argues CIGA, the WCJ erred in not finding that there was “other , insurance” under Insurance Code section 1063.1 (c)(9) thereby relieving CIGA of any liability for benefits. We will grant reconsideration and reverse the decision of the WCJ for reasons given below. We find that the insurance policy of SCIF constituted “other insurance” under Insurance Code section 1063.1(c)(9)(A) and thus, by operation of law, CIGA has no liability
John M. Williams, vs. Re-builders, Inc., Dba Re-builders North Bay And State Compensation Insurance Fund; Labor Connection, Inc.; Cambridge Integrated Services Group, Inc., On Behalf Of Ciga For Reliance Insurance, In Liquidation,
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ3004293
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