What the panel ordered
Rescinded prior June 13, 2022 and August 8, 2022 decisions; dismissed Zurich American Insurance Company as a party defendant.
Remittitur from the Second District Court of Appeal (Div. 7) directing the Appeals Board to rescind prior decisions and dismiss Zurich American Insurance Company as a defendant.
This docket was decided more than once. Shown here is the latest released decision; we also hold August 8, 2022.
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 Court of Appeal directed the Appeals Board to rescind prior decisions and dismiss Zurich American Insurance Company as a defendant based on denial of CIGA's Petition for Reconsideration by operation of law under Labor Code section 5909.
From the decision · page 1In its December 18, 2023 decision, the Court distinguished the circumstances of Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493], and found that there was no equitable tolling because it was "CIGA's own inaction that denied it a remedy." (Zurich American Ins. Co. v. Workers' Comp. Appeals Bd. (2023) 97 Cal.App.5th 1213, 1239- 1240 [89 Cal.Comp.Cases 1].) The Court thus directed the Appeals Board to rescind its June 13, 2022 Opinion and Order Granting Petition for Reconsideration of the California Guarantee Insurance Association ("CIGA") and its August 8, 2022 Opinion and Decision After Reconsideration. (Id. at pp. 1240-1241.) The Court also directed the Board to order the dismissal of Zurich American Insurance Company as a defendant, based on the denial of CIGA's Petition for Reconsideration by operation of law under Labor Code section 5909. (Ibid.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Court of Appeal's December 18, 2023 decision became final and remitted the case to the Appeals Board with specific instructions.
Favours Defendant prevailed
This decision required the Appeals Board to rescind prior decisions and dismiss Zurich American Insurance Company as a defendant, directly affecting the outcome.
From the decision · page 1On February 22, 2024, the Second District Court of Appeal (Div. 7) certified that its opinion of December 18, 2023 had become final, and the Court remitted this case to the Appeals Board. This is our Decision After Remittitur.1
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Denial of Petition for Reconsideration by operation of law under Labor Code section 5909
The Court of Appeal directed dismissal of Zurich American Insurance Company based on this statute.
From the decision · page 1In its December 18, 2023 decision, the Court distinguished the circumstances of Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493], and found that there was no equitable tolling because it was "CIGA's own inaction that denied it a remedy." (Zurich American Ins. Co. v. Workers' Comp. Appeals Bd. (2023) 97 Cal.App.5th 1213, 1239- 1240 [89 Cal.Comp.Cases 1].) The Court thus directed the Appeals Board to rescind its June 13, 2022 Opinion and Order Granting Petition for Reconsideration of the California Guarantee Insurance Association ("CIGA") and its August 8, 2022 Opinion and Decision After Reconsideration. (Id. at pp. 1240-1241.) The Court also directed the Board to order the dismissal of Zurich American Insurance Company as a defendant, based on the denial of CIGA's Petition for Reconsideration by operation of law under Labor Code section 5909. (Ibid.)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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