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Rescinded prior June 13, 2022 and August 8, 2022 decisions; dismissed Zurich American Insurance Company as a party defendant.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.)