Home/Case Law/CARMELLINA GITUKU vs. ALTA HOME CARE, CYPRESS INSURANCE COMPANY
Regular DecisionReconsideration

CARMELLINA GITUKU vs. ALTA HOME CARE, CYPRESS INSURANCE COMPANY

Filed: Aug 09, 2016
Long Beach
ADJ9178612

CompFox AI Summary

This case concerns the disallowance of liens filed by Reshealth Medical Group and Mesa Pharmacy, assigned to Javlin Three LLC, for failing to comply with Labor Code section 4903.8. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the original decision improperly applied the statute and lacked sufficient evidence. The WCAB rescinded the original decision, returning the case to the trial level for further development of the record, particularly concerning the effective dates of assignments and the business status of the original lien claimants. The WCAB also noted potential due process concerns regarding service but found no actual prejudice to the parties.

Full Decision Text1 Pages

This case concerns the disallowance of liens filed by Reshealth Medical Group and Mesa Pharmacy, assigned to Javlin Three LLC, for failing to comply with Labor Code section 4903.8. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the original decision improperly applied the statute and lacked sufficient evidence. The WCAB rescinded the original decision, returning the case to the trial level for further development of the record, particularly concerning the effective dates of assignments and the business status of the original lien claimants. The WCAB also noted potential due process concerns regarding service but found no actual prejudice to the parties.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.