Karaiskos v. Metagenics, Inc., 072704 CAWC, AHM 70712

Case DateJuly 27, 2004
CourtCalifornia
JEANNIE KARAISKOS, Applicant,
v.
METAGENICS, INC.; CALIFORNIA COMPENSATION INSURANCE CO., In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and RISK ENTERPRISE MANAGEMENT LTD. (Servicing Facility), Defendant(s).
No. AHM 70712
California Workers Compensation Decisions
Workers Compensation Appeals Board State Of California
July 27, 2004
          OPINION AND DECISION AFTER REMITTITUR 1 (EN BANC)           MERLE C. RABINE, CHAIRMAN.          The following Decision After Remittitur is issued pursuant to the Remittitur to this Appeals Board by the Second District Court of Appeal (Division Three), filed June 14, 2004, in which the Court certified that its decision of March 30, 2004 had become final. In that decision, the Court held that the Employment Development Department's (EDD's) lien is an obligation to a state because the EDD is a department of the State of California. Hence, its lien claim is not "covered claim" that CIGA is required to pay. (Ins. Code, § 1063.1, subd. (c)(4).) The Court reversed the Appeals Board's decision of July 15, 2002 and remanded the matter here for further proceedings in accordance with the Court's opinion. Accordingly, we will rescind our decision of July 15, 2002 and reinstate and affirm the Appeals Board panel's decision of June 4, 2001 (which found that CIGA is not required to pay EDD.)          For the foregoing reasons,          IT IS ORDERED, that it is the Decision After Remittitur of the Appeals Board (En Banc) that the "Opinion and Decision After Reconsideration (En Banc)" of July 15, 2002 is hereby RESCINDED, and that the "Opinion and Order Dismissing Petition for Reconsideration, Granting Petition for Removal...

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