Remedy Temp, Inc.; California Insurance Guarantee Association; And Its Servicing Facility, Intercare Insurance Services, Inc., For Reliance Insurance Company, In Liquidation; Bass Tech, Inc.; Republic Indemnity Insurance Company Maria Jaime WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA JAIME, Applicant,vs.REMEDY TEMP, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; And Its Servicing Facility, INTERCARE INSURANCE SERVICES, INC., For RELIANCE INSURANCE COMPANY, In Liquidation; BASS TECH, INC.; REPUBLIC INDEMNITY INSURANCE COMPANY, Defendants.Case No. ADJ2435600 (ANA 0336999) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant Republic Indemnity Company (Republic) seeks reconsideration of the June 22, 2011 Findings and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that Republic’s coverage constitutes “other insurance” thereby relieving codefendant California Insurance Guarantee Association (CIGA) from liability in this case. The parties previously stipulated that applicant sustained industrial injury to her spine, right upper extremity, and right lower extremity while employed as an assembler on November 2, 1999, by general employer, Remedy Temp, Inc., (Remedy) and by special employer, Brass Tech, Inc., (Brass Tech), and that, at the time of the injury, Remedy was insured by Reliance Insurance Company (Reliance), now in liquidation, and Brass Tech was insured by Petitioner Republic. The matter proceeded to trial on June 16, 2010 and March 30, 2011 on the issues of general/special employment, liability of Brass Tech/Republic and of CIGA, and Republic’s assertion of the defense of laches. All other issues were deferred. It is from the resulting WCJ’s decision that Republic seeks reconsideration herein. Republic contends that the doctrine of laches should bar CIGA from being relieved from liability in this case arguing that Republic is prejudiced by not having been joined
Maria Jaime vs. Remedy Temp, Inc.; California Insurance Guarantee Association; And Its Servicing Facility, Intercare Insurance Services, Inc., For Reliance Insurance Company, In Liquidation; Bass Tech, Inc.; Republic Indemnity Insurance Company
This case involves a worker's compensation claim by Maria Jaime against Remedy Temp, Inc., California Insurance Guarantee Association, and its servicing facility, Intercare Insurance Services, Inc., for Reliance Insurance Company, in liquidation; Bass Tech, Inc.; and Republic Indemnity Insurance Company. The parties stipulated that Jaime sustained an industrial injury to her spine, right upper extremity, and right lower extremity while employed as an assembler on November 2, 1999, by general employer Remedy Temp, Inc., and by special employer Brass Tech, Inc. The case proceeded to trial on the issues of general/special employment, liability of Brass Tech/Republic and of CIGA, and Republic's assertion of the defense of laches.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2435600
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