Flavurence Corporation; Fremont Compensation Insurance / American Shower Door; Republic Indemnity Company Manuel Manzano / Sarojini Singh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL MANZANO, Applicant,vs.FLAVURENCE CORPORATION; FREMONT COMPENSATION INSURANCE, Defendants.Case No. LAO 778749SAROJINI SINGH, Applicant,vs.AMERICAN SHOWER DOOR; REPUBLIC INDEMNITY COMPANY, Defendants.Case No. AHM 075204OPINION AND DECISION AFTER RECONSIDERATION These two cases are combined into a single Decision After Reconsideration because each case raises the same issue of law, namely, whether the workers’ compensation administrative law judge (WCJ) correctly dismissed the California Insurance Guarantee Association (CIGA) as a party defendant before a determination of underlying issues related to CIGA’s liability. We will rescind the orders dismissing CIGA in both cases and return the matters to the trial level for further proceedings and decision. We hold that generally CIGA should not be dismissed from a case until a determination is made on the issue of the date of injury, or period of injurious exposure, or other underlying issue which if adversely decided against CIGA would result in its liability. , On February 19, 2002 and on February 22, 2002, we granted reconsideration in AHM 075204 and LAO 778749, respectively, in order to allow sufficient opportunity to further study the factual and legal issues in each case. Having completed our deliberations, we issue our decision after reconsideration in both cases jointly. In AHM 075204 (SINGH), defendant Republic Indemnity Company (Republic) challenges the WCJ’s Order Dismissing Party Defendant served December 3, 2001, in which the WCJ ordered CIGA/Kemper Insurance Company dismissed as a party defendant. Republic contends that the dismissal was in error because the WCJ failed to receive its objection to the Notice of Intention to dismiss CIGA and further that before any party may be dis
Manuel Manzano / Sarojini Singh vs. Flavurence Corporation; Fremont Compensation Insurance / American Shower Door; Republic Indemnity Company
- Filed On:
- Court: California, Los Angeles
- Case No. LAO778749
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