Workers’ Compensation · Primary-source case analysis

Gomez: CIGA Liability Depends on Other Coverage Across the Injury Record

By Aneeta Mishra and Timothy Chan

Published May 14, 2026

Decision: Gomez v. Casa Sandoval, No. OAK 234515 (WCAB May 27, 2003) (en banc).

Gomez consolidated matters involving insolvent carriers, CIGA, and potentially overlapping coverage for cumulative or successive industrial injuries.

CIGA is a statutory insurer of last resort

Its responsibility extends only to covered claims and can be displaced when qualifying other insurance is available.

Cumulative injury requires a coverage-period analysis

The record must identify the injurious exposure and every solvent or insolvent carrier covering portions of that period.

Successive injuries require allocation before final responsibility

CIGA may remain potentially liable until the separate injuries and their contribution to disability are determined.

Administration and payment responsibility can diverge

The Board addressed not only ultimate liability but which defendant should administer the award while allocation issues are resolved.

Key takeaways

• Map every employer, injury period, and carrier.
• Identify solvent coverage before treating a claim as covered by CIGA.
• Separate cumulative from successive injury theories.
• Preserve allocation and administration issues for decision.