Jose Luis Mastache vs. Staffchex, In., Jessie Lord Bakery; California Insurance Guarantee Association For Ullico Casualty Company In Liquidation Through Its Servicing Facility Sedgwick Cms; Travelers Property Casualty Company Of America

This case involves a dispute between Staffchex, Inc., Jessie Lord Bakery, California Insurance Guarantee Association for Ullico Casualty Company in liquidation through its servicing facility Sedgwick CMS, and Travelers Property Casualty Company of America over workers' compensation insurance coverage for Jose Luis Mastache. The Court of Appeal found that the Travelers policy contained a valid limiting and restricting endorsement that excluded liability for special employees, including Mr. Mastache, and that CIGA remained liable for workers' compensation benefits that applicant is entitled to as a result of his injury. The Court annulled the Board's August 15, 2018 decision and remanded the case with directions to find that the special employer had a valid endorsement in its workers'

Staffchex, In., Jessie Lord Bakery; California Insurance Guarantee Association for Ullico Casualty Company in liquidation through its servicing facility Sedgwick Cms; Travelers Property Casualty Company of America Jose Luis Mastache WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LUIS MASTACHE, Applicant,vs.STAFFCHEX, INC, KJESSIE LORD BAKERY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASULATY COMPANY in liquidation through its servicing facility SEDGWICK CMS; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants,Case No. ADJ7964733OPINION AND DECISION AFTER REMITTITUR            The following Opinion and Decision after Remittitur is issued pursuant to the remittitur filed on November 18. 2019 to the Workers’ Compensation Appeals Board (Board), by the Second District Court of Appeal, Division 1 (Court), in which the Court certified that its decision of September 18, 2019 has become final.            In that decision, the Court concluded that a majority of the Appeals Board erred in its August 15, 2018 decision when it rescinded a decision issued by an arbitrator, and found that Travelers policy number YJUB-9506B27-6-11 provided workers’ compensation insurance coverage for Jessie Lord Bakery LLC from July 31, 2011 through July 31, 2012 and that the policy was not limited and restricted to exclude special employees. (Trawlers Properly Casually Co of America v. Workers’ Comp. Appeals Bd (Mastacht) (2019) 40 Cal App.5th 728 [84 Cal Comp Cases 883).). The Court annulled the Board s August 15, 2018 decision and remanded the case “with directions to find that the special employer had a valid endorsement in its workers* compensation insurance policy excluding coverage for special employees“ and that “CIGA shall be liable for the claim as a covered claim within the meaning of Insurance Code section 1063.1.” (Id, at p. 731.) ,             In Mustache, the Court found that the policy in question included a valid endorsement that limitedand restri

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