Injured Workers' Insurance Fund v. Uninsured Employers' Fund

The Workers’ Compensation Commission (“the Commission”) awarded temporary total disability benefits to claimant Xiong Yao. Yao had two employers. The Injured Workers’ Insurance Fund (“IWIF”), the appellant, insured one of the employers. Ultimately, it paid the entire award. Yao’s other employer was uninsured.

In two orders, the Commission ruled that because one of Yao’s employers was uninsured, the Uninsured Employers’ Fund (“the Fund”), the appellee, was jointly and severally liable with IWIF for the award. It ordered the Fund to reimburse IWIF for one-half of the benefits paid. On judicial…