COAST COMMERCIAL BANK/TIG INSURANCE, as administered by REM; HERITAGE BANK/STATE COMPENSATION INSURANCE FUND, LINDA YBARRA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA YBARRA, Applicant,vs.COAST COMMERCIAL BANK/TIG INSURANCE, as administered by REM; HERITAGE BANK/STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1884270 (SAL 0097031)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Defendant, State Compensation Insurance Fund (SCIF), seeks reconsideration of the Order denying SCIF’s request for dismissal, issued December 9, 2008, wherein the workers’ compensation administrative law judge (WCJ) denied SCIF’s request to be dismissed as a party- defendant. At page 5 of the Report and Recommendation on Petition for Reconsideration (Report), the WCJ explained that defendant, Golden Eagle Insurance’s, petition for contribution was timely filed and SCIF was timely joined as an additional party defendant on June 5, 2008, consistent with California Code of Regulations, title 8, section 10380. Defendant, SCIF, contends that the WCJ erred by failing to dismiss SCIF from the proceedings arguing: (1) that “Labor Code section 5500.5(b) and (c) do not allow joinder of employers after an Award issues” and that SCIF was not joined until after the first hearing; and (2) that Labor Code section 5500.5(e) requires the defendant seeking joinder of another insurance carrier to institute proceedings for the right of contribution against SCIF within one year after the award of compensation, issued on January 19, 2005, and is therefore untimely. Defendant, TIG Insurance Company, filed an answer.////// , Based upon our review of the record, we will dismiss defendant’s Petition for Reconsideration, because there is no order subject to reconsideration at this time and, treating the petition as a petition for removal, we deny removal. At the outset, we note that reconsideration ma
Menu
