CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision which found a lien claimant to be an assignee, thus not a covered claim for CIGA. The Board found the WCJ erred in drawing an adverse inference of assignment without sufficient evidence. The matter was returned to the trial level for further proceedings on whether the lien was legally assigned. The Board clarified that the nature of the assignment (absolute vs. for representation) is crucial to determining CIGA's liability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision which found a lien claimant to be an assignee, thus not a covered claim for CIGA. The Board found the WCJ erred in drawing an adverse inference of assignment without sufficient evidence. The matter was returned to the trial level for further proceedings on whether the lien was legally assigned. The Board clarified that the nature of the assignment (absolute vs. for representation) is crucial to determining CIGA's liability.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.