Home/Case Law/TIRADO vs. OAKMOUNT COUNTRY CLUB, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION
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TIRADO vs. OAKMOUNT COUNTRY CLUB, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION

Filed: Nov 14, 2012
Los Angeles
ADJ6865467

CompFox AI Summary

This case concerns whether a collection agreement constituted an assignment, thereby excluding the California Insurance Guarantee Association (CIGA) from liability for a workers' compensation lien. The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that an assignment occurred. The WCAB found that the agreement with WSG & Associates, despite granting broad authority for collection and settlement, did not transfer ownership of the lien. Key factors included the lien claimant retaining the right to terminate the agreement and the ultimate payment being made to the lien claimant, aligning with precedent that such arrangements are not assignments.

Full Decision Text1 Pages

This case concerns whether a collection agreement constituted an assignment, thereby excluding the California Insurance Guarantee Association (CIGA) from liability for a workers' compensation lien. The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that an assignment occurred. The WCAB found that the agreement with WSG & Associates, despite granting broad authority for collection and settlement, did not transfer ownership of the lien. Key factors included the lien claimant retaining the right to terminate the agreement and the ultimate payment being made to the lien claimant, aligning with precedent that such arrangements are not assignments.

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TIRADO vs. OAKMOUNT COUNTRY CLUB, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, XCHANGING FOR FREMONT INSURANCE COMPANY, IN LIQUIDATION (2012) – Los Angeles | CompFox