Garcia, Andres

Applicant Andres Garcia sustained industrial injury to his lumbar spine, cervical spine, and bilateral knees on June 16, 2013 while working as a forklift operator placed by Diamond Staffing Services at the NRT job site. After Garcia settled with Diamond's insurer Lumbermen's (now in liquidation, handled by CIGA) via a $45,000 C&R, CIGA joined NRT and its insurer The Hartford, asserting Garcia was a special employee of NRT, making The Hartford 'other insurance' under Insurance Code section 1063.1(c)(9)(A) and the claim non-covered by CIGA. The WCJ found Garcia was not an employee of NRT, but the Board granted reconsideration and rescinded that finding. Applying Kowalski and progeny, the Board held that NRT had the paramount right of control over Garcia's work and found a special employment relationship existed. The Board substituted a finding that Garcia was a special employee of NRT and deferred all other issues, noting any coverage dispute regarding The Hartford's policy is subject to mandatory arbitration under Labor Code section 5275(a)(1).