Home/Case Law/MARCO FLORES vs. STARWOOD HOTELS AND RESORTS, ZURICH INSURANCE GROUP
Regular DecisionReconsideration

MARCO FLORES vs. STARWOOD HOTELS AND RESORTS, ZURICH INSURANCE GROUP

Filed: Dec 17, 2010
ADJ2341016 (RIV 0079129) ADJ1104225 (RIV 0079132)

CompFox AI Summary

This case involves a lien claimant, Grace Zausch, seeking reconsideration after her lien for unpaid rent was disallowed. The WCAB granted reconsideration, finding the WCJ erred in disallowing the lien. Although the claimant sought $13,434, the applicant admitted under oath owing $6,400 in back rent. The Board determined that this debt for rent constitutes compensable living expenses under Labor Code section 4903(c). Consequently, the prior order was rescinded, and the matter was returned to the trial level for further proceedings, with instructions to allow Ms. Zausch's lien for $6,400 against the defendant's disability indemnity.

Full Decision Text1 Pages

This case involves a lien claimant, Grace Zausch, seeking reconsideration after her lien for unpaid rent was disallowed. The WCAB granted reconsideration, finding the WCJ erred in disallowing the lien. Although the claimant sought $13,434, the applicant admitted under oath owing $6,400 in back rent. The Board determined that this debt for rent constitutes compensable living expenses under Labor Code section 4903(c). Consequently, the prior order was rescinded, and the matter was returned to the trial level for further proceedings, with instructions to allow Ms. Zausch's lien for $6,400 against the defendant's disability indemnity.

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