Drake Office Overload; Ciga For Reliance; Usf Distribution; Gallagher Bassett Services Robert Lesh WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT LESH, Applicant, vs.DRAKE OFFICE OVERLOAD; CIGA for RELIANCE; USF DISTRIBUTION; GALLAGHER BASSETT SERVICES, Defendant(s).Case No. ADJ1414313OPINION AND DECISION AFTER RECONSIDERATION On February 22, 2010, the Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings, Award and Order of November 25, 2009, the workers’ compensation judge (WCJ) found that on May 22, 2000, applicant, while employed as a loader/unloader by Drake Office Overload (general employer – “Drake”) ^nd USF Distribution (special employer – “USF”) insured, respectively, by Reliance National Insurance Company, in liquidation, administered by the California Insurance Guarantee Association (“CIGA”), and by the Insurance Company of the State of Pennsylvania (“Pennsylvania”), sustained an industrial injury to his right shoulder, causing permanent disability of 27%. In addition, the WCJ found, in relevant part, that Pennsylvania’s insurance policy constitutes “other insurance” for purposes of Insurance Code section 1063.1, that CIGA is not an “insurer” under Insurance Code section 11663, that Pennsylvania is jointly and severally liable for coverage, and that CIGA is no longer responsible for administration. The WCJ ordered Pennsylvania to become the administrator of the Award and to pay $87,517.44 to CIGA for costs before November 29, 2007, with Pennsylvania and CIGA to adjust costs thereafter. , Pennsylvania sought reconsideration of the WCJ’s decision, contending, in substance, that the WCJ erred in finding a general/special employment relationship between Drake and USF, that CIGA failed to meet its burden of proof on reimbursement, and that Pennsylvania is not liable for CIGA’s failure to conduct
