What the panel ordered
The Board reversed the panel decision disallowing EDD's lien and held that CIGA is liable for EDD's lien as a covered claim under Insurance Code section 1063.1(c)(1)(vi). The WCJ's findings were reinstated and amended to allow EDD's lien with jurisdiction reserved for further proceedings on industrial injury and extent of recovery.
En banc decision after reconsideration of panel decisions and WCJ findings regarding EDD's lien for Unemployment Compensation Disability benefits and CIGA's liability.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that EDD's lien is not an obligation to the state excluded by Insurance Code section 1063.1(c)(4) but a covered claim under subsection (c)(1)(vi) for which CIGA is liable because the reimbursement restores the injured worker's UCD account and benefits are essentially workers' compensation benefits.
From the decision · page 168 litigated. We will amend the WCJ's decision in the applicant to provide that EDD's lien is not barred
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.