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JOSE TIRADO vs. OAKMOUNT COUNTRY CLUB; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION

OAKMOUNT COUNTRY CLUB; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION JOSE TIRADO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE TIRADO, Applicant,vs.OAKMOUNT COUNTRY CLUB; CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBY ITS SERVICING FACILITY, XCHANGING FOR FREMONTINSURANCE COMPANY, IN LIQUIDATION, Defendants.Case No. ADJ6865467(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION            On February 22, 2011, we granted lien claimant Khosrow Tabaddor, M.D. (lien claimant)’s petition for reconsideration to further study the facts and applicable law and issue a just and reasoned decision. This is our decision after reconsideration.            Lien claimant sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on December 1, 2010. In that F&O, the WCJ found that there was an assignment of lien claimant’s lien to lien representative WSG & Associates (WSG) and that under Insurance Code section 1063.1, subdivision (c) (9) (b),1 defendant California Insurance Guarantee Association (CIGA) had no liability for the assigned lien. Lien claimant contended in pertinent part that the agreement between lien claimant and WSG was not an assignment because no transfer of ownership had taken place.            We received an answer from defendant Oakmont Country Club, originally insured by Fremont Insurance Company in liquidation, administered by Xchanging on behalf of CIGA (defendant). We 1 Hereafter section 1063.1(c) (9) (b). , received a Report and Recommendation (Report) from the WCJ which recommended that the petition for reconsideration be denied.            On February 22, 2011, we granted reconsideration to further study the facts and applicable law and issue a just and reasoned decision.            We now issue our decision after reconsideration. For the reasons discussed below, as our de

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