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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8969504
Regular
Sep 12, 2016

GLADYS PAZ, vs. TECH FLEX; SEABRIGHT INSURANCE COMPANY, TRI-COUNTY MEDICAL GROUP

This case concerns the timeliness of a lien claim filed by Tri-County Medical Group for services rendered to applicant Gladys Paz. The lien was filed on October 19, 2015, more than 18 months after the last date of service on December 23, 2013. The Appeals Board affirmed the WCJ's decision that the lien is barred by the 18-month limitation period in Labor Code section 4903.5(a) for services provided on or after July 1, 2013. The Board found that the amended statute applied and lien claimant had a reasonable time to file within 18 months of their last service date.

Workers' Compensation Appeals BoardLien ClaimantLabor Code Section 4903.5(a)Statute of LimitationsReconsiderationFindings and OrderAdministrative Law JudgeContinuous ServicesEffective DateRetroactive Application
References
11
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
19
Case No. ADJ8822025
Regular
Sep 13, 2016

JASON FLICK vs. A AND M ENGINEERING, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address whether a lien filed by United Health Services (United) was timely under Labor Code section 4903.5(a). Defendant Compwest argued the lien was barred because it was filed over 18 months after services ended. The Board determined that the 18-month period expired on June 1, 2015, making United's June 2, 2015 lien untimely. Therefore, United's lien claim was denied.

Workers' Compensation Appeals BoardLien claimLabor Code section 4903.5(a)Statute of limitationsStipulation and AwardReconsiderationWCJAdministrative judgeCalifornia Code of Civil Procedure section 12Timeliness
References
3
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
10
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
1
Case No. MISSING
Regular Panel Decision
Feb 24, 1988

In re Laura W.

This case concerns an appeal from a Family Court order in New York County that prohibited a father from having any visitation or direct contact with his daughter for 18 months, following a finding of sexual abuse. The appellate court unanimously affirmed the order. The decision highlighted that unsworn out-of-court statements from the victim are admissible in child protective proceedings if corroborated by other reliable evidence. In this instance, substantial medical evidence indicating an enlarged vaginal opening and the absence of a hymen, along with validation testimony from social workers detailing the child's behavioral symptoms consistent with posttraumatic stress syndrome, provided sufficient corroboration. The court also upheld the qualification of expert witnesses and the decision to forgo an additional validation interview, noting that the 18-month period of the protective order had passed, rendering arguments regarding its length moot.

sexual abusechild protectionfamily lawvisitation rightsexpert testimonycorroborationhearsay evidencemedical evidencesocial worker testimonyposttraumatic stress syndrome
References
7
Case No. MISSING
Regular Panel Decision

In re the Claim of Wolfson

The claimant, a school teacher, appealed a December 3, 1975 decision by the Unemployment Insurance Appeal Board, which affirmed a referee's determination that he was ineligible for Special Unemployment Assistance benefits due to not being totally unemployed. Despite working only 10 months, the claimant was paid a 12-month salary, with payments for July and August 1975 deferred until December. He contended that these months did not constitute a paid vacation period under Labor Law § 591(3) because payment was delayed beyond 30 days. However, the court disagreed, citing precedent that teachers paid annually for 12 months are not considered totally unemployed during their non-working months, irrespective of the payment schedule. The court further held that Labor Law § 591 does not apply to situations where a claimant's salary is based on a 12-month period and paid for each of those months. Finding substantial evidence to support the board's determination, the court affirmed the decision.

Unemployment InsuranceSpecial Unemployment Assistance ProgramTotal UnemploymentSchool TeacherPaid VacationLabor Law § 59112-month SalaryBenefit EligibilityAppeal Board DecisionAffirmed Decision
References
7
Case No. ADJ9000676
Regular
Dec 09, 2016

MIGUEL VILLEGAS vs. ALL STAR SECURITY, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involved a Petition for Reconsideration by All Star Security and its insurer, challenging a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, adopting the administrative law judge's reasoning that the lien claimant failed to file within the amended 18-month statute of limitations under Labor Code section 4903.5(a). The Board found that applying this shortened period was proper as the claimant had a reasonable time to file after the amendment's effective date. This decision aligns with prior WCAB panel decisions regarding the retroactive application of shortened limitations periods in workers' compensation cases.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMiguel VillegasAll Star SecurityEverest National Insurance CompanyGallagher Bassett ServicesInc.WCJ reportKindelberger v. City of Los AngelesGuerrero v. Easy Staffing
References
12
Case No. ADJ8904484
Regular
Mar 13, 2017

MIGUEL CERDA vs. LIVING OPPORTUNITIES MANAGEMENT COMPANY, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a finding that their lien was barred by the statute of limitations under Labor Code section 4903.5(a). The Board determined that the 18-month filing deadline applied because the claimant's last date of service was after July 1, 2013, and the lien was filed approximately twenty months after that date. The Board rejected the claimant's argument that a three-year limit should apply due to continuous service before and after July 1, 2013, citing precedent establishing the last date of service as the relevant date for the statute of limitations. Commissioner Sweeney dissented, arguing that the three-year period should apply to continuous service before and after the July 1, 2013 date to avoid requiring multiple lien filings.

Labor Code section 4903.5(a)statute of limitationslien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Boardadministrative law judgetimely filingcontinuous serviceslast date of service
References
5
Case No. MISSING
Regular Panel Decision

In re Desteny D.

Desteny D., a 13-year-old female, was found to have committed acts of manslaughter in the second degree and menacing in the third degree, recklessly causing the death of 15-year-old Justin S. She also had a prior finding for assault in the second degree against Eric R. in a Bronx Family Court case. This opinion addresses the dispositional hearing, where the court reviewed various reports and testimonies, including those from probation officers and clinicians. The court rejected recommendations for alternative to placement programs due to Desteny's severe mental health needs, high risk of aggression, and inconsistent parental supervision by her mother, Maria Perez. The court adjudicated Desteny D. a juvenile delinquent and ordered her placement for 18 months in a limited secure facility operated by the New York State Office of Children and Family Services, with a six-month minimum period and no credit for time in detention. The decision emphasizes the need for intensive observation, diagnosis, and treatment to protect the community and address Desteny's complex needs.

Juvenile DelinquencyManslaughter Second DegreeMenacing Third DegreeAssault Second DegreeDispositional HearingMental Health EvaluationRisk AssessmentFamily CourtProbation DepartmentSecure Placement
References
1
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