NEED ENDORSEMENT APPROVAL

Maria Miranda v. Select Staffing (2020 Cal. Wrk.Comp.P.D.LEXIS 127).

In a general-special employer situation, the carrier for the general employer (Select Staffing) became liquidated, potentially shifting liability to the carrier (Ace American) for the special employer. ACE denied liability because its' policy had an endorsement that excluded temp workers. However, ACE failed to prove the endorsement's use by ACE was approved by the CA Ins. Dept, and thus deemed invalid. Without proof of a valid temp worker exclusion, ACE was considered "other insurance" and responsible for providing benefits to Ms. Miranda.

[COMMENT: The endorsement in question is an approved form by CA, but its' use by any particular carrier must still be formally approved by the CA Dept. of Insurance. To support the validity of the endorsement's use, the defense should have asked the WCIRB to provide a copy of the actual formal authorization letter, assuming it exists.]