Home/Case Law/Esther Montoro Beldarrain vs. STATE FARM, SPECIALTY RISK LA HABRA
Regular DecisionReconsideration

Esther Montoro Beldarrain vs. STATE FARM, SPECIALTY RISK LA HABRA

Filed: Nov 14, 2011
Pomona
ADJ164955

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition, upholding the WCJ's decision. The applicant sought to avoid a third-party credit for the defendant, arguing waiver and inapplicability of the credit based on various contentions. The WCJ found these arguments unsupported by legal authority and evidence, emphasizing the clear statutory right to a credit under Labor Code Section 3861. Additionally, the Board noted potential sanctions against the applicant's attorney for continued non-compliance with an order to produce settlement proceeds and distribution documentation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition, upholding the WCJ's decision. The applicant sought to avoid a third-party credit for the defendant, arguing waiver and inapplicability of the credit based on various contentions. The WCJ found these arguments unsupported by legal authority and evidence, emphasizing the clear statutory right to a credit under Labor Code Section 3861. Additionally, the Board noted potential sanctions against the applicant's attorney for continued non-compliance with an order to produce settlement proceeds and distribution documentation.

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Esther Montoro Beldarrain vs. STATE FARM, SPECIALTY RISK LA HABRA (2011) – Pomona | CompFox