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

Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. EUR 39345, EUR 39344
Regular
Aug 02, 2007

JOSE L. MUNOZ vs. SUN VALLEY FLORAL FARMS

The Appeals Board denied the defendant's petition for reconsideration, upholding the award of enhanced permanent disability benefits based on the employer's failure to offer compliant alternative work. The Board granted the lien claimant's (EDD) petition to correct a clerical error regarding the calculation of its lien. The decision affirms the original award for the applicant's injury but defers the final determination of the EDD's lien amount.

Workers' Compensation Appeals BoardSun Valley Floral FarmsEmployment Development DepartmentLien ClaimantPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryLow BackCumulative InjuryPermanent Disability
References
0
Case No. ADJ1515176 (AHM 0150456)
Regular
Jan 20, 2012

TERESA AVINA vs. TACO BELL, YUM! BRANDS, ACE AMERICAN INSURANCE administered by GALLAGHER BASSETT

Both Defendant and Lien Claimant petitioned for reconsideration of the WCJ's decision. The Defendant argued that costs awarded to the Lien Claimant for appearing on May 12, 2011, were unsubstantiated and that their request to remove the trial from the calendar was made in good faith. The Lien Claimant argued for an earlier start date for penalties and interest due to an alleged EAMS error. The Appeals Board granted both petitions, amending the award to defer the issue of costs for the May 12, 2011 appearance and deferring the effective date of interest accrual, returning the case for further proceedings.

WCABPetition for ReconsiderationLien ClaimantDeclaration of Readiness (DOR)Labor Code section 5813CostsInterestEAMSTrial BriefFindings & Award & Order (F&A)
References
5
Case No. MISSING
Regular Panel Decision

Cooper Square Hotel, LLC v. Assured Source National, LLC

Petitioner Cooper Square Hotel, LLC sought to discharge a mechanic's lien filed by respondent Assured Source National, LLC against its property. The petitioner argued that the lien should be discharged due to waivers of mechanic's liens executed by the respondent and Angel Construction Group, LLC, and because the respondent, a Professional Employer Organization (PEO), is not entitled to assert a mechanic's lien under Lien Law § 3. The court acknowledged that factual issues regarding the waivers and payments would warrant discovery. However, the court ultimately determined that the respondent, as a PEO, failed to overcome the presumption that it did not provide labor, citing *Tri-State Empl. Servs. v Mountbatten Sur. Co.* as precedent. Consequently, the court granted the petition and ordered the discharge of the mechanic's lien.

Mechanic's LienProfessional Employer OrganizationPEOLabor LawLien LawWaiver of LienConstruction ManagementPayroll FinancingCo-employerNew York State Law
References
3
Case No. ADJ3034844 (LBO 0392601) ADJ 4614655 (LBO 0396565)
Regular
Oct 17, 2014

ANGEL AVILA vs. PHILIPPS SERVICES CORPORATION, CIGA, SEDGWICK CMS, RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of orders dismissing lien claims from several medical providers. These lien claimants argued the dismissal was erroneous because they had not abandoned their liens and deserved a continued hearing to identify witnesses. The WCAB found the Petition for Reconsideration timely and determined that lien claimants may have been denied due process if their representative left the hearing prematurely without adequate notice. Therefore, the WCAB is providing an opportunity for lien claimants to demonstrate good cause why the dismissal orders should not be affirmed, and ordering the defendant to respond to any filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimsWCJDismissal of LiensMedical Lien ManagementRepresentative AbandonmentPrima Facie ShowingDue ProcessNotice of Intention to Dismiss
References
0
Case No. ADJ9839416
Regular
Aug 21, 2018

SILVIA RAMOS vs. MILLENNIUM MAINTENANCE SYSTEMS, INC.

Mesa Pharmacy sought reconsideration of a decision that stayed its lien under Labor Code section 4615 and found another lien claimant was not the defendant's responsibility. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior order. The WCAB deferred the issue of Mesa's lien stay and returned it to the trial level for evaluation regarding its exclusion from a consolidated proceeding involving thousands of other Mesa Pharmacy liens. This decision is not a final determination on the merits of Mesa's lien.

Labor Code section 4615Petition for ReconsiderationFindings and Orderlien claimantconsolidationmaster fileWCAB Rule 10589common issues of fact and lawcriminal proceedingsownership and control
References
1
Case No. ADJ9981379 ADJ10049541
Regular
Oct 08, 2020

ULISES AVILA vs. LARRY GONZALES dba LARRY GONZALES FARM LABOR, STAR INSURANCE COMPANY

The Appeals Board reversed a WCJ's finding that a lien claimant's services ended on March 16, 2015, determining instead that services extended to June 8, 2015. This decision makes the lien timely filed under Labor Code section 4903.5(a). The Board affirmed the WCJ's orders except to find the lien timely filed and to defer the lien's allowance. The matter is returned to the WCJ for further proceedings consistent with the Board's decision and to assess the lien under the framework of *Colamonico*.

Workers' Compensation Appeals BoardLien ClaimantStatute of LimitationsSubpoena Duces TecumMedical-Legal ServicesReconsiderationFindings of Fact and OrdersLabor Code Section 4903.5(a)Timely FiledDeferred Issue
References
4
Case No. MISSING
Regular Panel Decision
May 05, 2011

Spadaro v. Meza

The plaintiffs appealed an order from the Supreme Court, Kings County, which denied their motion to determine that nonparty respondents Pacific Employers Insurance Company, c/o Gallagher Bassett, and the Special Funds Conservation Committee had no enforceable workers’ compensation lien on settlement proceeds. The injured plaintiff had two workers' compensation claims from accidents in 1998 and 2004. An agreement from 2008 allowed Gallagher Bassett and Special Funds to reserve their right to assert liens on settlement proceeds from the 2004 claim. Plaintiffs argued the lien amounts could not be accurately established due to a lack of apportionment between the claims. The Supreme Court correctly denied the motion, as Gallagher Bassett only made benefit payments related to the 2004 accident, making the lien amount ascertainable. The order was affirmed.

Workers' Compensation LienSettlement ProceedsPersonal InjuriesApportionment of ClaimsInsurance CarrierSpecial Funds Conservation CommitteeLump Sum AwardWaiver of BenefitsSupreme Court AppealCivil Procedure
References
3
Case No. ADJ8188717
Regular
Mar 18, 2019

DANIEL CANO vs. A FRAME, EMPLOYERS COMPENSATION INSURANCE COMPANY

Lien claimants Majzel and Premium seek reconsideration after their 2012 and 2016 liens were dismissed for failure to pay activation fees and potentially being untimely. While the Board affirms dismissal of the 2012 liens, they grant reconsideration to amend the findings. The timeliness of the 2016 liens is now deferred, ensuring due process and a fair hearing before any final determination is made.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and DecisionNotice of Intention to Impose SanctionsWCJActivation FeeDismissed by Operation of LawCode of Civil Procedure Section 473(b)Mistake and Inadvertence
References
5
Case No. MISSING
Regular Panel Decision

Prentice v. Levy

Plaintiff sustained a work-related cervical spine injury in 1998 and underwent surgery by defendant Dr. Walter J. Levy in 1999. After the first surgery failed and a second surgery in 2002 to remove loosened hardware, plaintiff settled a medical malpractice action against Levy for $400,000. The self-insured employer, Tops, Inc., and its administrator, MAC Risk Management, as "the carrier," asserted a workers' compensation lien against the settlement. The Supreme Court provisionally set the lien at $22,442.91 and appointed a referee to determine the final lien and offset amounts, with the carrier bearing the costs. The appellate court affirmed the order, ruling that the interim lien was "without prejudice" and the referee's hearing scope was sufficient to conduct a comprehensive evidentiary hearing, thus causing no prejudice to the carrier.

Workers' Compensation LienMedical MalpracticeSettlement LienInterim LienWorkers' Compensation LawAppellate ReviewReferee AppointmentLien EstablishmentOffset PaymentsEvidentiary Hearing
References
2
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