CIGA is not a “primary plan” within the meaning of the Medicare Act. The Guarantee Act prohibits CIGA from reimbursing Medicare unless and until the U.S. Supreme Court says otherwise.

In the case of Mary Baker vs. CIGA, the power of CIGA to transfer liability to a solvent carrier was once again on display.

Applicant was employed as a machine operator from 1998 through August 29, 2001. He alleged injury to his back as well as several internal medicine and a psych issues. The injuries were pled as both a specific injury (August 17, 2000) and cumulative trauma (through August 15, 2000). Following trial, the Workers Compensation Judge found cumulative trauma, but no specific injury. He awarded 72% permanent disability.