Dykstra, Billy

Applicant Billy Dykstra settled five claims via a 1996 Stipulations with Request for Award finding 70.25% permanent disability to the right knee, low back, and psyche, with liability split 80% to Superior National Insurance and 20% to SCIF. Superior National went into liquidation in 2000, and CIGA assumed its claims, later filing a 2020 Petition for Reimbursement against SCIF for post-liquidation benefits paid. The WCJ found defendants jointly and severally liable, holding SCIF responsible for administration and payment of future medical benefits and reimbursement to CIGA for post-liquidation medical expenses, while deferring the life pension issue. SCIF petitioned for reconsideration, arguing the 1996 Award was final and did not establish joint and several liability, and asserting laches/estoppel. The WCAB affirmed, holding that CIGA is not an ordinary insurer, cannot stand in the shoes of an insolvent insurer, and that medical treatment cannot be apportioned, making SCIF jointly and severally liable.