California Court of Appeal

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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.