Manuel Manzano vs. Flavurence Corporation; Fremont Compensation Insurance -And - Sarojini Singh

Two cases were consolidated because both raised whether a WCJ properly dismissed CIGA as a party defendant before resolving underlying issues that could establish CIGA's liability. In SINGH, the WCJ dismissed CIGA based on Insurance Code section 1063.1(c)(9) ('other insurance') despite an unresolved cumulative trauma date of injury and a statute of limitations defense raised by Republic. In MANZANO, the WCJ dismissed CIGA for insolvent Superior National despite unresolved general/special employment issues under Insurance Code section 11663 and joint employment questions. The Board distinguished Garcia, holding that CIGA generally should not be dismissed until the date of injury, period of injurious exposure, or other threshold issue that could result in CIGA's liability is determined. The Board rescinded both dismissal orders and returned the matters to the trial level.