Home/Case Law/KELLI MCCOO vs. GORDON BIRCH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR, NATIONAL INSURANCE COMPANY, IN LIQUIDATION
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KELLI MCCOO vs. GORDON BIRCH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR, NATIONAL INSURANCE COMPANY, IN LIQUIDATION

Filed: Nov 14, 2012
Los Angeles
ADJ7150920

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that a lien claimant's agreement with a collection agency constituted an assignment, thereby relieving CIGA of liability. The WCAB found that the agreement, despite granting broad authority to the collection agency, did not transfer ownership of the lien. Ultimately, the WCAB determined that the lien claimant retained ownership and the right to collect, making the claim a covered claim under the relevant statute. The case was returned to the WCJ for further proceedings and a new decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that a lien claimant's agreement with a collection agency constituted an assignment, thereby relieving CIGA of liability. The WCAB found that the agreement, despite granting broad authority to the collection agency, did not transfer ownership of the lien. Ultimately, the WCAB determined that the lien claimant retained ownership and the right to collect, making the claim a covered claim under the relevant statute. The case was returned to the WCJ for further proceedings and a new decision.

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