Ronald Philpot, vs. Performance Dairy Services, Inc.; California Insurance Guarantee Association By Its Servicing Facility Intercare Insurance Services For Ullico Casualty Company, In Liquidation; Imperium Insurance Company, Administered By Tristar Risk Management,

Performance Dairy Services, Inc.; California Insurance Guarantee Association by its servicing facility Intercare Insurance Services for Ullico Casualty Company, in liquidation; Imperium Insurance Company, administered by Tristar Risk Management, Ronald Philpot, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONALD PHILPOT,    Applicant,vs.PERFORMANCE DAIRY SERVICES, INC; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility INTERCARE INSURANCE SERVICES for ULLICO CASUALTY COMPANY, in liquidation; IMPERIUM INSURANCE COMPANY, administered by TRISTAR RISK MANAGEMENT,Defendants.Case No. ADJ7912473ADJ7284005 (MF)(Fresno District Office)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendants Imperium Insurance Company (Imperium) and the California Insurance Guarantee Association, by its servicing facility Intercare Insurance Services for Ullico Casualty Company, in liquidation (CIGA), seek reconsideration of the December 30, 2016 Second Amended Joint Findings, Award and Orders wherein the workers’ compensation administrative law judge (WCJ) found in ADJ 72884005, that applicant, while employed on April 26, 2010 by Performance Dairy Services insured by Imperium, sustained an industrial injury to his right shoulder, brain, left knee, left shoulder, right knee, and psyche. In ADJ79122473, the WCJ found that on July 14, 2011, while employed by Performance Dairy Services insured by Ullico, applicant sustained an industrial injury to his brain, right shoulder, lumbar spine, left shoulder, right knee and psyche. The WCJ found that applicant became 100% permanently totally disabled after the second injury and that Imperium’s share of the permanent disability is 70% and CIGA’s share is 30%, In addition, the WCJ found that the principles of the Benson case apply to the injuries in this case and that, after considering Insurance Code section 1063.1 et seq., there is no “other insurance” for Ullico/ CIGA

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