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California Court of Appeal


Firemans' Fund Ins. Co. v. Workers' Comp. Appeals Bd., C062019

An order of the Workers' Compensation Appeals Board (WCAB) denying Fireman's Fund Insurance Company's petition for reconsideration, regarding a stipulation entered into by plaintiff and the California Insurance Guarantee Association in 2001, is annulled and the matter is remanded where: 1) 1) CIGA's stipulations and the subsequently entered order on the stipulations were not a nullity and void; and 2) the WCAB improperly exercised its discretion under the Labor Code section 5803 to set aside the order entered on the stipulations; 3)

Appellate Information

  • Decided 01/29/2010
  • Published 01/29/2010

Judges

  • CANTIL-SAKAUYE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Cuneo, Black, Ward & Missler, Richard A. Weyuker for Petitioner.

  • For Appellees:
  • Guilford Steiner Sarvas & Carbonara, LLP, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen, LLP, for Respondent California Insurance Guarantee Association., No appearance for Respondent Workers' Compensation Appeals Board., No appearance for Respondent Darla Allen.
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