WORKERS' COMPENSATION CASE
from his automobile insurance carrier
for the applicant's underinsured
motorist coverage.
solvent at the time of the injury. The
carrier became insolvent and
California Insurance Guarantee
Association (CIGA) was joined in the
workers' compensation proceedings.
CIGA asked for a credit from the
Workers' Compensation Appeals
Board (WCAB). The Workers'
Compensation Judge (WCJ) denied
the credit. CIGA filed a Petition for
Reconsideration. The WCAB did not
allow the credit.
WCAB.
the workers
entitled to a full credit. Therefore,
someone who is underinsured
should not receive more than
someone who is adequately
insured. This would not be fair to
the person who is properly insured.
Moreover, the applicant would get
a double recovery.
'covered claims' the same argument
should be made when representing
a solvent carrier. The court stated
"the employer's or insurer's right to
reimbursement from the third party
tortfeasor takes first and full
priority".
Valenzuela and Brown
Address: 18500 Von Karman
Suite 470, Irvine CA
Phone: 949 252-1300
INSURANCE
GUARANRTEE
ASSOCIATION V.
WCAB (MANGUM)
workers' compensation case for a
claim arising out of a car accident
while at work.
policy limit of $15,000. The
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