Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 5900(a), 5903; Cal. Code Regs., tit. 8, former §§ 10507(a)(1), 10845(a), 10392(a), now §§ 10605(a)(1), 10940(a), 10615(b)
A petition for reconsideration must be timely filed within 25 days of a final decision served by mail in California.
The petition for reconsideration was timely filed on April 13, 2020, within the extended deadline due to COVID-19 district office closures.
From the decision · page 2As an initial matter, the petition for reconsideration is timely. To be timely, a petition for
reconsideration must be filed with (i.e., received by) the WCAB within 25 days from a "final"
decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903;
Cal. Code Regs., tit. 8, former § 10507(a)(1), now § 10605(a)(1), former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1, 2020).) A petition for reconsideration
of a final decision by a workers' compensation administrative law judge must be filed in the
Electronic Adjudication Management System (EAMS) or with the district office having venue.
(Cal. Code Regs., tit. 8, former § 10840(a), now § 10940(a) (eff. Jan. 1, 2020).) Labor Code
section 5909 provides that a petition for reconsideration is deemed denied unless the Appeals
Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.) Section 5315 provides
the Appeals Board with 60 days within which to confirm, adopt, modify or set aside the findings,
order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.)
Labor Code section 5909
The Appeals Board has 60 days to act on a petition for reconsideration before it is deemed denied.
The Appeals Board issued its decision after reconsideration within the 60-day period.
From the decision · page 2As an initial matter, the petition for reconsideration is timely. To be timely, a petition for
reconsideration must be filed with (i.e., received by) the WCAB within 25 days from a "final"
decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903;
Cal. Code Regs., tit. 8, former § 10507(a)(1), now § 10605(a)(1), former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1, 2020).) A petition for reconsideration
of a final decision by a workers' compensation administrative law judge must be filed in the
Electronic Adjudication Management System (EAMS) or with the district office having venue.
(Cal. Code Regs., tit. 8, former § 10840(a), now § 10940(a) (eff. Jan. 1, 2020).) Labor Code
section 5909 provides that a petition for reconsideration is deemed denied unless the Appeals
Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.) Section 5315 provides
the Appeals Board with 60 days within which to confirm, adopt, modify or set aside the findings,
order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.)
Insurance Code section 1063.1
CIGA has standing to file a petition for reimbursement and request a change of administrator if it alleges another insurer is available as 'other insurance'.
CIGA filed a petition alleging Liberty Mutual is available as 'other insurance' for benefits paid by CIGA.
From the decision · page 4benefits under the workers' compensation law of this state," subdivision (c)(9) provides,
"`Covered claims' does not include (i) any claim to the extent it is covered by any other insurance
of a class covered by this article available to the claimant or insured...." Pursuant to Insurance
Code section 1063.1, if CIGA alleges that Liberty Mutual is available as "other insurance" for
benefits paid by CIGA, then CIGA has standing to file a petition for reimbursement and to request
a change of administrator of applicant's medical award.
California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd. (Hernandez) (2007) 153 Cal.App.4th 524
Insurers or self-insured employers are jointly and severally liable for medical treatment if both injuries contributed to the need for treatment.
Joint and several liability applies when multiple insurers contribute to medical treatment needs, but not when one insurer has settled all liability.
From the decision · page 4In order to obtain reimbursement or a change of administrators, CIGA must show that
Liberty Mutual is jointly and severally liable for medical treatment. In cases where an applicant
sustains successive injuries, insurers or self-insured employers are jointly and severally liable for
medical treatment and temporary disability if both injuries contributed to the need for medical
treatment or the temporary disability indemnity. (California Ins. Guarantee Assn. v. Workers'
Comp. Appeals Bd. (Hernandez) (2007) 153 Cal.App.4th 524.) In Hernandez, the Court of Appeal
explained the significance of joint and several liability for these benefits in cases where an insurer
is insolvent and CIGA is administering a claim as follows,
California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd. (Lopez) (2016) 245 Cal.App.4th 1021
A final award apportioning liability does not change the joint and several nature of defendants' liability.
The court held that joint and several liability remains even after settlement and apportionment agreements, but here Liberty Mutual settled all liability and is not liable.
From the decision · page 4Pursuant to the Court of Appeal decision in California Ins. Guarantee Assn. v. Workers'
Comp. Appeals Bd. (Lopez) (2016) 245 Cal.App.4th 1021 (81 Cal.Comp.Cases 317), a final award
apportioning liability between insurers does not change the joint and several nature of defendants'
liability. In Lopez, the insurers agreed, in a compromise and release agreement, that the insurers
would apportion liability for the remaining liens "52% [Care West] and 48% [Ullico] according to
proof and with rights to contribution and reimbursement between the two being reserved." (Id. at
p. 1029, emphasis in original.) The Lopez Court noted that "Care West and Ullico understood their
liability remained joint and several even after settlement and apportionment...The contribution