Our offices remain open during COVID-19 with restrictions in place. Please check directly with the office for more information regarding facial coverings, hours and other requirements.

Congratulations To Robert Heller For His Great Result On This Case:

Reliance insured O-Corp, a tech services company, for worker’s compensation. O-Corp contracted with J-Corp to provide a ten year contract doing computer work. Injured Worker, an O-Corp employee, fell while physically at J-Corp and filed a worker’s comp case against O-Corp and Reliance. Four years later, California Insurance Guarantee Association (aka CIGA) took over for Reliance which went bankrupt. CIGA said Hey, J-Corp, you are IW’s special employer because O-Corp placed her to work at J-Corp. Therefore, your insurance carrier should cover her injury! Under the Insurance Code, if there is “other insurance,” CIGA is out.

Went to trial on the issue of whether J-Corp was the IW’s special employer. Three witnesses testified. The trial judge found that there was no “direction and control” over the IW by J-Corp so there was no special employment relationship between the IW and J-Corp. Because there was no special employment, J-Corp’s work comp carrier was home free.

This was a particularly sweet victory because CIGA usually prevails when it goes to trial on the issue of “special employment” and “other insurance”.


Request A
Free Consultation