Victoria Rodriguez, vs. Thibiant International, Inc.; Fireman’s Fund Insurance I Company; Select Personnel Services; And California Insuranceguarantee Assocation, On Behalf Of Legion Insurance Co., In Liquidation,

This case involves a dispute between Victoria Rodriguez, the applicant, and Thibiant International, Inc., Fireman's Fund Insurance Company, Select Personnel Services, and California Insurance Guarantee Association (CIGA), on behalf of Legion Insurance Co., in liquidation. Rodriguez was injured while working as a janitor for Select Personnel Services, who had sent her to work for Thibiant International, Inc. Rodriguez settled her claim for workers' compensation benefits for the injury by Compromise and Release (C&R) for $30,000. CIGA, as the insurer of Legion Insurance Co., in liquidation, paid the benefits and sought reimbursement from Fireman's Fund Insurance Company, the insurer of Thibiant International, Inc. The Workers'

THIBIANT INTERNATIONAL, INC.; FIREMAN’S FUND INSURANCE I COMPANY; SELECT PERSONNEL SERVICES; and CALIFORNIA INSURANCEGUARANTEE ASSOCATION, on behalf of LEGION INSURANCE CO., in liquidation, VICTORIA RODRIGUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVICTORIA RODRIGUEZ, Applicant,vs.THIBIANT INTERNATIONAL, INC.; FIREMAN’S FUND INSURANCE COMPANY; SELECT PERSONNEL SERVICES; and CALIFORNIA INSURANCE GUARANTEE ASSOCATION, on behalf of LEGION INSURANCE CO., in liquidation, Defendants.Case No. ADJ265314 (LAO 0790236)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            In two petitions for reconsideration, defendant, Fireman’s Fund Insurance Company, seeks reconsideration of the Findings and Order of March 5, 2009, as amended by the First Amended Findings and Orders of March 24, 2009. In the initial Findings and Order, the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an industrial injury to her back and left arm and wrist on September 27, 2000, while employed as a janitor by Select Personnel Services (Select), the general employer and Legion Insurance Company’s (Legion) insured on the date of injury, and by Thibiant International (Thibiant), the special employer and Fireman’s Fund Insurance Company’s (Fireman’s) insured on the date of injury. Although the WCJ also found the employers jointly and severally liable, because Legion is now in liquidation and, therefore, California Insurance Guarantee Association (CIGA) is liable for its “covered claims,” she dismissed CIGA pursuant to Insurance Code section 1063.1 (c).            In the subsequent First Amended Findings and Orders of March 24, 2009, the WCJ additionally granted CIGA’s “Second Amended Petition for Order of Reimbursement” and ordered Fireman’s to pay CIGA $98,850.01 in reimbursement for the benefits it provided to applicant.            In its initial petition for reconsideration, Fireman’s contends that its insured, Thibiant, was

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