Firemans' Fund Ins. Co. v. Workers' Comp. Appeals Bd., No. C062019 - California Case Law
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Firemans' Fund Ins. Co. v. Workers' Comp. Appeals Bd., No. C062019

An order of the Workers' Compensation Appeals Board (WCAB) denying Fireman's Fund Insurance Company's petition for reconsideration regarding a stipulation entered into by plaintiff and the California Insurance Guarantee Association in 2001 is annulled and the matter is remanded where: 1) CIGA's stipulations and a subsequently entered order on the stipulations were not a nullity and void; and 2) the WCAB improperly exercised its discretion under the Labor Code section 5803 to set aside the order entered on the stipulations on the ground of illegality and public policy. 

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Appellate Information

Filed January 29, 2010

Judges

Opinion by Judge Cantil-Sakauye

Counsel
For Appellant:   Cuneo, Black, Ward & Missler, Richard A. Weyuker

For Appellee:   Guilford Steiner Sarvas & Carbonara, LLP, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen, LLP