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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. ADJ8269580
Regular
Nov 30, 2015

RALPH LARUE vs. SANTA CLARA VTA, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinding the prior award that allowed the Employment Development Department (EDD) a $2,300 lien. The WCAB found the record lacked sufficient evidence to establish EDD's lien, as defendant argued EDD failed to prove benefits were for the same industrial injury. The Board clarified that EDD's lien attaches to permanent disability caused solely by the industrial injury, not to the apportionment of disability. The case is remanded for further proceedings to develop the record on EDD's lien claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardEmployment Development Department (EDD)Lien ClaimPermanent Disability IndemnityApportionmentLabor Code 4904(b)Causation of InjuryCausation of Disability
References
1
Case No. ADJ8860181
Regular
Jul 16, 2015

GARY GATSON vs. BIMBO BAKERIES USA, INC., ACE AMERICAN INSURANCE COMPANY

This case involves a dispute over the Employment Development Department's (EDD) lien for temporary disability benefits paid to the applicant. The original award found the applicant sustained a cumulative trauma injury and awarded temporary disability benefits, but only allowed partial reimbursement to EDD. Both EDD and the employer sought reconsideration, with EDD arguing for full reimbursement and the employer challenging the EDD lien finding. The Appeals Board granted EDD's petition, denied the employer's, and will allow further proceedings to determine the correct amount of EDD's lien and temporary disability award.

WCABcumulative traumaAchilles tendonpermanent disabilitytemporary disabilityEDD lienreconsiderationsubstantial evidencestandingLabor Code section 4904
References
0
Case No. ADJ2902670 (VNO 0344530)
Regular
Sep 16, 2016

IRMA LARIOS vs. AREA TRADE BINDERY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to address the lien claim of the Employment Development Department (EDD). The original award failed to account for EDD's lien for state disability benefits paid to the applicant. The Board found that the defendant is obligated to withhold EDD's lien amount from temporary disability payments once notified. Therefore, the case was returned to the trial level for recalculation of temporary disability benefits, including proper credit for the EDD's lien.

Lien claimantPetition for ReconsiderationFindings and AwardEmployment Development Department (EDD)Temporary disability benefitsIndustrial injuryCervical spineHypertensive heart diseaseGastrointestinalPsyche
References
3
Case No. ADJ8753985; ADJ8753959
Regular
Dec 02, 2015

BOB BORBECK vs. ACE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

This case concerns a dispute over a workers' compensation lien filed by the Employment Development Department (EDD). The defendant, Ace Building Maintenance, settled a workers' compensation claim via Compromise and Release (C&R) with the applicant, Bob Borbeck, while aware of EDD's lien for unemployment benefits that duplicated temporary disability payments. The defendant argues they provided sufficient notice to EDD regarding benefit payments and should not be liable for the lien. However, the Board denied the defendant's petition for reconsideration, finding them liable for EDD's lien because they settled the case without resolving it, thus agreeing to pay any subsequently determined amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderCompromise and ReleaseEDD LienUnemployment Compensation BenefitsTemporary Disability BenefitsLabor Code Section 4904Notice of Lien ClaimDuplicate Benefits
References
3
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
Case No. ADJ2423224 (MON 0355228) ADJ4514058 (MON 0355229)
Regular
Oct 02, 2012

EDWARD BONILLAS vs. STUDIO MANAGEMENT SERVICES, INC., ZENITH INSURANCE COMPANY, US FIRE INSURANCE COMPANY

This case involves a dispute over an Employment Development Department (EDD) lien in a workers' compensation claim for cumulative trauma to the applicant's lumbar spine and psyche. The original award found the applicant permanently disabled and entitled to benefits, but failed to address the EDD lien for temporary disability payments made during a period where the defendant had already paid 104 weeks of temporary disability indemnity. The Workers' Compensation Appeals Board granted reconsideration to address the unresolved EDD lien issue. The Board determined that the WCJ's rationale for disallowing the lien was legally insufficient and deferred the issue for further proceedings, ordering the defendant to reserve funds for the lien.

Workers' Compensation Appeals BoardCumulative trauma injuryLumbar spine injuryPsyche injuryHVAC installerTemporary disabilityPermanent disabilityEDD lienReconsiderationJoint Findings and Award
References
0
Case No. ADJ7108719
Regular
Dec 10, 2012

MARIA RAYA vs. CARL'S JR., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to address an issue with the Employment Development Department (EDD) lien. The original award was rescinded and returned to the trial level for further proceedings to determine the existence and impact of an EDD lien on benefits. This determination is necessary as the applicant testified to receiving disability payments from the EDD. The WCJ must also address the defendant's other contentions and recalculate attorney's fees if an EDD lien is established.

WCABPetition for ReconsiderationFirst Amended FindingsAward and Orderbilateral upper extremitiescooktemporary total disabilityEmployment Development Department (EDD) lienLabor Code section 4905Labor Code section 4904
References
4
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