Cohen Adrienne D Law Offices Of

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(714) 954-0790Call Visit WebsiteVisit Website Map & DirectionsDirections1551 N Tustin Ave Ste 750Santa Ana, CA 92705 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Cohen Adrienne D Law Offices Of

Employment Law

Workers Compensation
On October 30, 2019, the California Court of Appeal, Fourth District, Division One decided California Insurance Guarantee Association v. San Diego County Schools Risk Management Joint Powers Authority, D074360, a case of first impression, reversing the trial court’s entry of judgment in favor of San Diego JPA and vacating the orders granting Summary Judgment. The Court of Appeal determined that the Superior Court has jurisdiction to determine characterization of injury as part of a coverage action where the question of coverage involves allocation among excess workers’ compensation insurers and reimbursement of a self-insured employer by an excess workers compensation insurer, in this case, CIGA, who had been administering the claim on behalf of the insolvent excess carrier. Because the determination of coverage involved excess workers’ compensation insurance and therefore had no effect on the compensation paid to the injured employee by the self-insured employer, following prior decisions by the 9th Circuit and the WCAB, the Court of Appeal determined that the coverage issue, including determination of injury, was outside the WCAB jurisdiction and should be adjudicated by the Superior Court. The Court relied on Parkwoods v. Community Assn v. CIGA (2006) an appellate matter successfully argued by this firm, and held that the self-insured employer could not cut off access to “other insurance” by stipulating to a specific injury in the WCAB and then argue that no there is no “other insurance” available under Insurance Code 1063.1 et seq. This decision settles the question of law in California regarding the Superior Court’s jurisdiction over coverage matters involving excess workers compensation carriers and has been certified for publication.

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General Info

Adrienne D. Cohen maintains a staff of more than 10 attorneys that specializes in a range of legal services. The firm specializes in the practice of insurance coverage and defense, including construction defects and business litigation, writs and appeals and personal injury. Adrienne D. Cohen has been operational since 1989 and maintains a location in Santa Ana, Calif.

Location

Tustin Ctr

Neighborhood

Tustin Avenue

AKA

Adrienne D Cohen Law Offices

Other Links

http://www.adcohen.com

https://adcohen.com

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