SELECT PERSONNEL SERVICES/REMEDY TEMP; CALIFORNIA , INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY (In Liquidation); and SEDGWICK CMS (Servicing Facility), RAUL ROSALES SORIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAUL ROSALES SORIA, Applicant,vs.SELECT PERSONNEL SERVICES/REMEDY TEMP; CALIFORNIA , INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY (In Liquidation); and SEDGWICK CMS (Servicing Facility), Defendants.Case No. ADJ3850792 (ANA 0340016)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION, DENYING PETITION FOR REMOVAL AND DECISION AFTER RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration and/or removal of the Orders issued by the workers’ compensation administrative law judge (WCJ) on October 7, 2009. In those Orders, the WCJ took this matter off calendar because Transpacific Insurance Company/Tokio Marine Management, Inc. (Tokio), the insurance carrier for the alleged special employer, House Foods America Corporation, had not been joined as a party defendant. However, the Orders further directed that “CIGA must resume [permanent disability advances (PDAs)].” In its petition, CIGA contends in substance that: (1) given that CIGA disputes liability, the WCJ was without authority to direct it to pay PDAs and, even assuming such authority exists, the order is vague; and (2) Tokio need not be joined because it has already made a general appearance. We have considered the allegations of the petition for reconsideration and/or removal and the contents of the report and recommendation (Report) of the WCJ. We have also received and considered the “Amicus Brief by Tokio Marine Management in Response to CIGA’s Petition for Reconsideration and/or Petition for Removal” and applicant’s answer objecting to defendant’s petition for reconsideration and/or petition for removal. , Based upon our review of the record, we will grant reco
