Jillian DiFusco

Jillian DiFusco, a massage therapist, sustained an industrial injury on July 21, 2008, and was eventually found permanently totally disabled with a need for ongoing home health care. After an award of 50 hours per week of home health care services went unpaid, applicant's counsel sought disclosure of insurance coverage details, policy limits, excess carriers, and other potentially liable entities under WCAB Rule 10390 and the Coldiron en banc decisions. The WCJ found that defendant only had to disclose the name of its insurance carrier, concluding that Rule 10390 superseded Coldiron. The Appeals Board, sitting en banc, rescinded the F&O, holding that en banc decisions cannot be superseded by a regulation, that Coldiron I and II require disclosure of all liable entities and any insurance provisions affecting liability for payment (regardless of whether a third-party administrator is involved), and that Rule 10390 does not conflict with Coldiron. The matter was returned to the trial level with directions for defendant to disclose the requested information or face possible sanctions under section 5813.