What the panel ordered
Petition for removal granted, order allowing election against CIGA rescinded, matter returned to WCJ for further proceedings
Petition for removal filed by California Insurance Guarantee Association (CIGA) granted, matter removed to Appeals Board for decision after interlocutory order by WCJ allowing applicant's election against CIGA
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.
Applicant may not elect against CIGA when there are other viable insurance carriers on risk during the cumulative trauma period; CIGA is not dismissed as a party until liability is determined; order allowing election against CIGA rescinded and matter returned to WCJ for further proceedings.
From the decision · page 210 carriers on risk during the one-year cumulative trauma period under Labor Code section 5500.5. 11 For the reasons discussed below, we conclude that an applicant may not elect against CIGA when
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.