RON PORTER, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of CALIFORNIA COMPENSATION, in liquidation; and TIG INSURANCE COMANY, LOUIS LUOND WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOUIS LUOND, Applicant,vs.RON PORTER, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of CALIFORNIA COMPENSATION, in liquidation; and TIG INSURANCE COMANY, Defendants,Case No. RDG 0083560RDG0072880OPINION AND ORDERDENYING RECONSIDERATION Defendant TIG Insurance Company (TIG) seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration of April 26. 2007. In that decision, we granted the petition for reconsideration of defendant California Insurance Guarantee Association (CIGA), liable for the “covered claims” of now-insolvent California Compensation (Cal Comp) of the Findings. Award, and Order of January 29. 2007, wherein the workers’ compensation arbitrator found, in essence, Uiat CIGA is entitled to reimbursement from TIG for 50% of the medical benefits Cal Comp paid before it became insolvent and 50% of the medical benefits CIGA paid because of the admitted industrial injuries applicant sustained to his left knee on July 6. 1992 (case number RDG 0072880), for which TIG is liable, and during a period through October 16. 1997 (case number RDG 0083560). for which Cal Comp was initially liable. As our Decision After Reconsideration, we amended the Findings, Award, and Order of January 29, 2007, to allow CIGA reimbursement from TIG for 100% of the benefits CIGA paid after the date of Cal Comp’s liquidation. We otherwise affirmed the Findings, Award, and Order of January 29. 2007. TIG contends that it is only liable to reimburse CIGA for 50% of the medical benefits paid by CIGA on behalf of Cal Comp, arguing that we “lacked jurisdiction” to award CIGA 100% reimbursement of the medical benefits it paid in light of the September 1998 stipulation between , TIG and Cal Comp to split liabil
Louis Luond vs. Ron Porter, Inc.; California Insurance Guarantee Association, On Behalf Of California Compensation, In Liquidation; And Tig Insurance Comany,
In this case, the applicant, Louis Luond, sustained an admitted industrial injury to his left knee on July 6, 1992, while employed as an auto parts salesperson by Ron Porter, Inc., TIG's insured on the date of injury. On October 22, 1996, applicant received a stipulated award against TIG, inter alia, of further medical treatment and 34.5% permanent disability for the July 1992 injury. During a period through October 16, 1997, applicant also sustained an admitted industrial injury to his left knee, while employed as an auto parts salesperson by Ron Porter, Inc., Cal Comp’s insured on the date of injury. On September 1, 1998, applicant received a stipulated award against T
- Filed On:
- Court: California, Redding
- Case No. RDG0083560
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