Fireman's Fund Ins. v. WCAB

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Filed 11/9/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE FIREMAN'S FUND INSURANCE COMPANY and ROCKET SCIENCE LABORATORIES, No. B215486 (W.C.A.B. No. ADJ3426326) ORDER MODIFYING OPINION Petitioners, [NO CHANGE IN JUDGMENT] v. WORKERS' COMPENSATION APPEALS BOARD et al., Respondents. THE COURT: It is ordered that the opinion filed herein on October 12, 2010, be modified as follows: 1. On page 1, third full paragraph, the law firm name "Ellingson, McLay & Scott" is deleted and the law firm name "Hayes, Scott, Bonino, Ellingson & McLay" is inserted in its place. 2. On page 1, sixth full paragraph, beginning "Roxbourough" is deleted in its entirety. 3. On page 11, second full paragraph, lines 2 and 3 from the bottom "insolvent insurer 20 percent and self-insured employer 80 percent" is deleted and "insolvent insurer 80 percent and self-insured employer 20 percent" is inserted in its place. 1 4. On page 12, line 2, "separate parts of" is deleted so that the sentence reads: [CIGA not liable under Ins. Code, § 1063.1, subd. (c)(9) where solvent insurers jointly and severally liable for cumulative injury period under § 5500.5]. There is no change in judgment. ________________________________________________________________________ ARMSTRONG, J. TURNER, P. J. MOSK, J. 2

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