John Younts vs. Hanson Aggregates; California Insurance Guarantee Association, Through Its Servicing Facility Sedgwick CMS, For Fremont Compensation Insurance Company, In Liquidation; Zurich American Insurance Company

In this case, John Younts, an employee of Hanson Aggregates, sustained industrial injury to his back, spine, and lower extremities on January 5, 1995 (ADJ4196699) and during a cumulative period ending on April 25, 2002 (ADJ3821411). Fremont Insurance Company was the carrier at the time of the 1995 specific injury, and Zurich American Insurance Company was the carrier during the coverage period of the later cumulative injury. Fremont subsequently went into liquidation, and the California Insurance Guarantee Association (CIGA) became responsible for its unpaid California Claims, including the claim in ADJ4196699, subject to certain statutory limitations. CIGA filed a petition for indemnity against

Hanson Aggregates; California Insurance Guarantee Association, Through Its Servicing Facility Sedgwick CMS, for Fremont Compensation Insurance Company, In Liquidation; Zurich American Insurance Company John Younts WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN YOUNTS, Applicant,vs. HANSON AGGREGATES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Through Its Servicing Facility SEDGWICK CMS, for FREMONT COMPENSATION INSURANCE COMPANY, In Liquidation;ZURICH AMERICAN INSURANCE COMPANY, Defendants.Case Nos. ADJ4196699 (SDO 0299468) ADJ3821411 (SDO 0299470)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant California Insurance Guarantee Association (CIGA) seeks reconsideration of a workers’ compensation administrative law judge’s Findings and Orders of October 15, 2012, wherein it was found, in essence, that CIGA’s petitions for indemnity should be denied because its right to indemnity was already adjudicated. In these matters, while employed as a truck driver by Hanson Aggregates (Hanson) on January 5, 1995 (ADJ4196699) and during a cumulative period ending on April 25, 2002 (ADJ3821411), applicant sustained industrial injury to his back, spine, and lower extremities. At the time of the 1995 specific injury, Hanson was covered for workers’ compensation liability by Fremont Insurance Company (Fremont). During the coverage period of the later cumulative injury, Hanson was covered by Zurich.1 Fremont subsequently went into liquidation, and CIGA became 1 Although Zurich in its Answer and the WCJ in the Report identify AIG as another carrier on the risk during the cumulative period, and the record does reflect that Zurich settled a contribution claim filed against AIG in relation to these proceedings, the stipulations entered at the May 26, 2005 trial in these matters listed only Zurich as a carrier during the cumulative period. CIGA filed a petition for indemnity against only Zurich, and Zurich did not mention AI

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