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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Boyle v. Texasgulf Aviation, Inc.

This opinion by District Judge Goettel addresses motions within the long-standing "Texasgulf cases," stemming from a 1981 corporate aircraft crash, primarily focusing on a workers' compensation lien. Plaintiff Boyle moved to extinguish or reduce a lien held by Zurich-American Insurance Companies, while Texasgulf cross-moved to amend pleadings to join as a plaintiff to apportion damages under Connecticut law. The court determined that Connecticut law governs the workers' compensation lien issues for the Connecticut residents involved, denying the plaintiffs' request for New York law. However, Texasgulf's motion to amend its pleadings was denied due to undue and unjustified delay of over four years since a key jury finding establishing its corporate independence from TGA, and after all appeals and settlements had concluded. The court emphasized that allowing such a late amendment would be contrary to judicial efficiency and the finality of judgments, despite the ambiguity of Connecticut's statutory notice requirements.

Workers' Compensation LienChoice of LawConnecticut LawNew York LawRule 15 AmendmentUndue DelayPrejudiceCorporate VeilWrongful Death StatuteAircraft Crash Litigation
References
24
Case No. SBR 0313572, SBR 0313573, SBR 0313574
Regular
Mar 26, 2009

BERNADETTE GOODIN vs. SUN HEALTHCARE GROUP, INC., CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration regarding attorney's fees, deeming it withdrawn. The Board granted reconsideration of the WCJ's decision to amend the temporary disability period to October 2, 2002, through August 30, 2003, after the defendant disputed the original award. The Board intends to issue a formal amendment unless good cause to the contrary is presented.

Workers' Compensation Appeals BoardSun Healthcare GroupContinental CasualtyJoint Findings and AwardWCJ's DecisionPulmonary System InjuryTemporary DisabilityPermanent DisabilityApportionmentPenalty
References
0
Case No. ADJ3732289 (RIV 0053017)
Regular
Mar 19, 2013

JOHN PAPPAS vs. TNT GRADING, INC., STATE COMPENSATION INSURANCE FUND INSURED

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration regarding disallowed medical services. The Board granted the defendant's petition, affirming the original finding that the applicant sustained an industrial injury. Crucially, Finding of Fact number 4 was amended to state there was insufficient evidence to determine if the lien claimant, Poway Surgery Center, was a properly licensed facility. This amendment supports the disallowance of the lien due to a lack of proof of proper licensing.

WCABPoway Surgery CenterState Compensation Insurance FundPetition for ReconsiderationFinding of FactLien ClaimantLicensed FacilitySurgery CenterRes JudicataCCR Title 8 Section 10770
References
3
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. SBR 0282949, SBR 0294486, SBR 0296318
Regular
Dec 27, 2007

VICTOR ZYSS vs. ADVANCED RADIOLOGY OF BEVERLY HILLS, LIEN RECOVERY SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a dismissal order. The Board affirmed the administrative law judge's dismissal of the lien claimant's lien for failure to appear at a conference and respond to a notice of intention to dismiss. However, the dismissal was amended to be without prejudice.

Workers' Compensation Appeals BoardLien ClaimantDeclaration of ReadinessDismissalDue ProcessReconsiderationFindings and OrderWCJAdministrative Law JudgeLien Recovery Services
References
0
Case No. AHM 0118031; AHM 0118045; AHM 0118046; AHM 0118048; AHM 0118050; AHM 0118332
Regular
May 13, 2008

NHIEN TRAN vs. CARGOTEC, INC., EMPLOYERS SELFINSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration of an award of $\$ 2,217.50$ for medical treatment, finding the original decision supported by substantial evidence including an Agreed Medical Examiner's opinion and fee schedule limitations. The Board also dismissed the lien claimant's amended petition for reconsideration as untimely filed, noting it was received after the statutory deadline. Furthermore, a supplemental amended petition was dismissed as unauthorized under Appeals Board rules.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings & Award & OrderAdministrative Law JudgeACOEM GuidelinesCompromise and ReleaseAgreed Medical ExaminerOfficial Medical Fee ScheduleLabor Code section 4604.5
References
4
Case No. LAO 0837305, LAO 0837306
Regular
Apr 29, 2008

IRMA ALEJANDRA VILLAMAN vs. CALIFORNIA CLEANING SERVICE, CLARENDON NATIONAL INSURANCE COMPANY c/o AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the defendant's petition to reconsider the allowance of Dr. Kan's lien for medical treatment related to the applicant's industrial injuries. However, the Board granted the lien claimant's petition to clarify the award. Upon reconsideration, the Board amended the original award to disallow reimbursement for "work conditioning" services, reducing Dr. Kan's lien from $7,998.35 to $7,858.35.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings and AwardIndustrial InjuryCompensableCompromise and ReleaseMedical TreatmentChiropractic VisitsWork Conditioning
References
1
Case No. LAO 0872687
Regular
Jul 01, 2008

VICKI JOHNSON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a psychiatric injury, upholding the original decision based on the judge's report and applicant's credibility. However, the Board granted the lien claimant's petition, amending the original findings to clarify that lien issues, including payment for subpoena services, were not addressed at trial. The Board affirmed the denial of the applicant's claim while rectifying the procedural status of the lien claimant's claim.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche/StressPsychiatric InjuryMedical OpinionCredibilityLien ClaimantSubpoena ServicesPetition for ReconsiderationFindings of Fact
References
1
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
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