WCPanelIQ
PanelGranted in Part

Castillo, David

DAVID CASTILLO, Applicant vs. DESERT SANDS UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by Keenan & Associates; CIGA, by its servicing facility INTERCARE HOLDINGS INSURANCE SERVICES, for FREMONT INDEMNITY COMPANY, in liquidation; ESIS for PACIFIC EMPLOYERS INSURANCE COMPANY, Defendants

ADJ number
ADJ1022470
Decision date
Dec 22, 2025
District office
Riverside
WCJ
—
Claim administrator
Keenan & Associates (for Desert Sands Unified School District, permissibly self-insured); Intercare Holdings Insurance Services for CIGA/Fremont Indemnity Company in liquidation; ESIS for Pacific Employers Insurance Company
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right knee, right shoulder, left shoulder, lumbar spine, left knee, neck/cervical spine, bilateral arms and hands, psyche, pulmonary, eyes, nose, internal, sexual dysfunction, sleep disorder

LC §5410LC §5804LC §3202LC §5313LC §5701LC §5906CCR §10787

Summary

CIGA sought reconsideration of two Findings and Awards involving applicant David Castillo, a pool maintenance technician with ten consolidated cases spanning multiple injuries. CIGA argued it should not be liable to administer further medical treatment because Desert Sands Unified School District, permissibly self-insured, constitutes 'other insurance' under Insurance Code section 1063.1(c)(9), and that, in ADJ4230890, there was no evidence of a timely petition to reopen for new and further disability under Labor Code section 5410. The Board agreed CIGA is relieved of liability for further medical treatment where it shares joint and several liability with solvent defendant Desert, but found CIGA waived the petition-to-reopen jurisdictional argument by raising it for the first time on reconsideration. However, because the medical record was unclear whether the 40% PD was new and further disability and whether CIGA was entitled to credit for the prior 13% stipulated award, the Board deferred the new and further disability issue and ordered further development of the record. The Board rescinded the decisions in ADJ3880940 and ADJ4230890 and substituted new decisions ordering Desert to administer further medical treatment.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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