Juan Flores vs. Kendall Mcgaw Laboratories; Remedy Temp, Inc.; California Insurance Guarantee Association By Its Servicing Facility Intercare Insurance, For Reliance Insurance Company, In Liquidation

This case involves a dispute between Juan Flores, the applicant, and Kendall McGaw Laboratories, Remedy Temp, Inc., California Insurance Guarantee Association, and Intercare Insurance, for Reliance Insurance Company, in liquidation. Flores sustained an admitted right forearm and wrist injury while employed as a packer by Remedy Temp, which was insured for workers' compensation by Reliance. After Reliance became insolvent, CIGA assumed responsibility for Flores' claim and paid benefits. CIGA then sought reimbursement from Braun Medical and its workers' compensation insurance carrier, St. Paul, arguing that St. Paul's coverage constituted "other insurance" under Insurance Code section 1063.1 (c)(9). The WCJ initially dismissed Braun Medical and

Kendall Mcgaw Laboratories; Remedy Temp, Inc.; California Insurance Guarantee Association By Its Servicing Facility Intercare Insurance, For Reliance Insurance Company, In Liquidation Juan Flores WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN FLORES, Applicant,vs.KENDALL MCGAW LABORATORIES; REMEDY TEMP, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By Its Servicing Facility INTERCARE INSURANCE, For RELIANCE INSURANCE COMPANY, In Liquidation, Defendants.Case No. ADJ3672958 (ANA 0348289) OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant California Insurance Guarantee Association’s (CIGA) petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. CIGA sought reconsideration of the Order Dismissing Party Defendants issued by a workers’ compensation administrative law judge (WCJ) on April 13, 2011, wherein the WCJ dismissed the alleged special employer, B. Braun Medical, Inc., aka Kendall McGaw (Braun Medical) and its workers’ compensation insurance carrier, St. Paul Travelers Insurance Company (St. Paul). In the underlying case, an order approving compromise and release (OACR) issued on March 8, 2007, resolving applicant’s claim that he sustained industrial injury to his right forearm and wrist, while employed on November 10, 2000 as a packer by the general employer, Remedy Temp, insured on the date ‘of injury for workers’ compensation claims by Reliance Insurance Company (Reliance), in liquidation.            In its petition for reconsideration, CIGA contended that the WCJ erred in dismissing co-defendant, Braun Medical, and its workers’ compensation insurance carrier, St. Paul, arguing that St. , Paul failed to produce evidence showing good cause to support its contention that it was prejudiced by joinder.            We have considered the petition for reconsideration and we have reviewed the record in this matter. Braun Medical f

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