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Case Law Database

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

Case No. ADJ4392577 (LBO 0392493)
Regular
Jul 18, 2011

JOSE HERNANDEZ vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

This case addresses a lien claim for interpreter services. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and denied the lien claimant's petition. The WCAB found that the lien claimant failed to meet its burden of proof by not establishing that the applicant actually required interpreter services. Therefore, the lien for interpreting services was denied in its entirety.

Medical Provider NetworkMPNLien ClaimantPetition for ReconsiderationFindings and AwardCompromise and ReleaseInterpreter ServicesBurden of ProofDue ProcessLabor Code
References
2
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. RIV 0043397
Regular
Feb 25, 2008

GUILLERMINA GARCIA vs. EMPRESS CASTELL/DEL RIO'S TAQUERIA, CALIFORNIA GUARANTEE ASSOCIATION by its SERVICING FACILITY, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., for FREMONT INDEMNITY COMPANY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant, Psychological Assessment Services, whose lien was dismissed for failure to appear at a hearing. The Board found the dismissal potentially erroneous due to disputed service of notice and awarded a hearing on the merits. The case was returned to the trial level for further proceedings.

Lien claimantPsychological Assessment ServicesReconsiderationDismissal with prejudiceEDEXService of processNotice of hearingObjectionWCJDue process
References
0
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. ADJ1857578
Regular
Jun 23, 2009

MIRNA LICEA vs. MINSON CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PHICO INSURANCE COMPANY in liquidation

This case involves a lien claim by Missirian Orthopedic Medical Group, assigned to KM Financial Services, for medical treatment provided to Mirna Licea. The California Insurance Guarantee Association (CIGA), representing the insolvent insurer Phico Insurance Company, denied the lien based on Insurance Code § 1063.1(c)(9), which excludes claims by assignees. The Workers' Compensation Appeals Board denied reconsideration, affirming that the statute clearly prohibits payment to assignees, including medical providers who have assigned their accounts receivable. The Board relied on *Baxter Healthcare Corp. v. CIGA* for the principle that assigned claims are not "covered claims" under the Guarantee Act.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAPhico Insurance Companyliquidationinsolvent insurerlien claimantassigneecovered claimInsurance Code 1063.1(c)(9)
References
4
Case No. ADJ3196685 (PAS 0043967)MF ADJ2175299 (PAS 0043966)
Regular
Oct 02, 2019

ALICIA SZUMAN vs. JAY NOLAN COMMUNITY SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of HIH INSURANCE in liquidation, administered by INTERCARE, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORT SERVICES

This case involved applicant Alicia Szuman alleging cumulative and specific injuries as a home health provider resulting in multiple physical and psychological conditions. The administrative law judge initially awarded permanent total disability against the State of California, Department of Social Services (DSS), dismissing CIGA, which defendant DSS sought to overturn. The parties subsequently reached a Compromise and Release agreement for $618,313, providing an annuity and lump sum payment to the applicant. The Workers' Compensation Appeals Board approved this agreement, rescinding the prior award and deeming the settlement adequate and in the applicant's best interest.

COMPROMISE AND RELEASECALIFORNIA INSURANCE GUARANTEE ASSOCIATIONHIH INSURANCEINTERCAREDEPARTMENT OF SOCIAL SERVICESIN-HOME SUPPORT SERVICESYORK SERVICES GROUPCUMULATIVE INJURYPERMANENT TOTAL DISABILITYPERMANENT PARTIAL DISABILITY
References
0
Case No. MISSING
Regular Panel Decision

Tribble & Stephens Co. v. Consolidated Services, Inc.

Consolidated Services, Inc., an electrical subcontractor, sued general contractor Tribble & Stephens Company and owner Dayton-Hudson Corp. for wrongful termination of contract and conversion of materials. The trial court awarded Consolidated Services, Inc. actual damages for breach of contract, conversion damages, exemplary damages, foreclosure of a mechanic's lien, and attorney's fees. Appellants Tribble & Stephens Company and Dayton-Hudson Corp. appealed, challenging the sufficiency of evidence for conversion, malice, breach of contract damages, and the foreclosure of the lien. The appellate court affirmed the findings for breach of contract and conversion damages and attorney's fees, but reversed the awards for exemplary damages and the foreclosure of the mechanic's and materialman's lien due to lack of evidence and procedural omissions.

Construction ContractBreach of ContractWrongful TerminationConversionMechanic's LienMaterialman's LienExemplary DamagesAttorney's FeesAppellate ReviewEvidentiary Sufficiency
References
28
Case No. ADJ2699811
Regular
Nov 30, 2015

VINCENTE CARDENAS vs. VTL AMPLIFIERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ITS SERVICING FACILITY BROADSPIRE, A CRAWFORD COMPANY, FOR CALIFORNIA COMPENSATION IN LIQUIDATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior decision that barred lien claimant Dr. Elena Konstat's claim. The WCAB found that the statute of limitations did not apply because the services were provided before the relevant amendment, and the lien claimant's filing date was timely under the then-existing statute. Furthermore, the WCAB determined that the statute of limitations was tolled because the defendant failed to serve the lien claimant with the approved Compromise and Release, as required by WCAB Rule 10886. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationStatute of LimitationsLabor Code section 4903.5Compromise and ReleaseWCJWCAB Rule 10886TolledLien Claim Filing Date
References
0
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ7787891
Regular
Sep 25, 2015

JORGE CERVANTES vs. JBM SPORT TRUCK AND ACCESSORIES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer, in a maximum of four sentences: The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that disallowed a lien claimant's invoice for photocopying services. The Board found that the lien claimant, California Imaging Solutions, acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. This status exempted them from Business and Professions Code registration and bonding requirements. Consequently, the case was returned to the trial level to determine the reasonable fee for the lien claimant's services.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementBonding RequirementProfessional PhotocopierState Bar MemberApplicant's Attorney
References
10
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