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

Case No. ADJ8130064
Regular
Mar 29, 2019

Victor Juarez vs. Masonry by Joe, State Compensation Insurance Fund, Imperium Insurance Company, Athens Administrators, Endurance Southern Insurance

This case involves lien claimants who filed their liens in 2012 but failed to submit timely Labor Code section 4903.8(d) declarations, which were required for liens filed before January 1, 2013, by January 1, 2014. The WCAB granted reconsideration, rescinded the WCJ's order dismissing the liens, and returned the matter for further proceedings. The Board found that while the declarations were untimely, the specific remedy for such untimeliness for pre-2013 liens is not defined in the statute. However, the Board noted that the WCAB possesses equitable powers, including the application of the doctrine of laches, to address unjustifiable delay in lien claims.

Labor Code section 4903.8(d)Lien claimantsPetition for ReconsiderationFindings and Orderuntimely declarationsLabor Code section 4903.8(e)Senate Bill 863equitable doctrine of lachesunjustifiable delayequitable powers
References
Case No. ADJ2154550 (MON 0115928)
Regular
Oct 14, 2008

JAMES PERRY vs. ALCO PACIFIC, AIG DOMESTIC CLAIMS, INC. for AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order disallowing lien claims, and remanded the case for further proceedings. The Board found that Labor Code section 4903.5(a) was not applicable as the liens were filed prior to its enactment, and the defendant failed to establish the equitable defense of laches. The original compromise and release agreement also explicitly stated that all liens would be adjusted outside of the settlement.

Labor Code section 4903.5(a)lien claimantsreconsiderationcompromise and releaselachesprejudicejurisdictionstatutory applicationequitable doctrinerescinded order
References
Case No. LAO 0689496
Regular
Jul 18, 2007

FLORENCIO ALVARADO vs. FISCH-HORWITZ 12TH STREET PROJECT, FISCH PROPERTIES, FISCH LIVING TRUST, STATE COMPENSATION INSURANCE FUND, TIG INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision and affirmed the finding that the applicant was employed by Fisch Properties, insured by TIG Insurance Company, at the time of his injury. The WCAB reversed the prior ruling that barred SCIF from seeking contribution from TIG based on the doctrine of laches, finding no prejudice demonstrated by TIG. Consequently, SCIF is entitled to contribution from TIG.

Workers' Compensation Appeals BoardFisch-HorwitzFisch PropertiesState Compensation Insurance FundTIG Insurance CompanyAllstate Insurance CompanyReconsiderationDoctrine of LachesContributionCompromise and Release
References
Case No. ADJ6961731 ADJ6959844 ADJ6959868
Regular
Aug 26, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

This case concerns a timely filed Petition for Reconsideration by the defendant, Imperium Insurance Company, regarding a WCJ's order dismissing liens. The Appeals Board vacated its previous dismissal order, finding the petition was timely under WCAB Rule 10507(a)(2) due to the defendant's out-of-state address. The Board also rescinded the WCJ's findings and returned the matter for further proceedings. The core issue is whether the equitable doctrine of laches applies to lien claimants who failed to file required declarations under Labor Code section 4903.8(d) for pre-2013 liens.

WCAB Rule 10507(a)(2)Petition for Reconsiderationuntimely filingLabor Code section 4903.8(d)lien claimantsdeclarationsSenate Bill 863equitable doctrinelachesWCJ
References
Case No. ADJ2283954 (VNO 0432216), ADJ964608 (VNO 0389951), ADJ2772045 (VNO 0441677), ADJ4352593 (VNO 0497775), ADJ267752 (PAS 0040169), ADJ414407 (PAS 0040492), ADJ1160769 (VNO 0494740), ADJ2170521 (VNO 0465060), ADJ2143182 (VNO 0499960), ADJ2945284 (VNO 0408504)
Regular
Oct 13, 2015

SEAN HANSEN, LISA LAWSON, TIMOTHY GILBERT, CARLOS GONZALEZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and returned multiple lien claims against the City of Los Angeles to the trial level. The WCAB found that the Workers' Compensation Judge (WCJ) erred by applying collateral estoppel based on a prior decision in *Halaby v. City of Los Angeles*. The WCAB clarified that the doctrine of laches is fact-specific and a prior finding of laches does not preclude relitigation of the issue in new cases. Therefore, the defendant must prove the elements of laches independently for each current lien claim.

Workers' Compensation Appeals BoardPermissibly Self-InsuredPetition for ReconsiderationDecision After ReconsiderationLiensLachesCollateral EstoppelWCJHalaby v. City of Los AngelesNegotiated Rates
References
Case No. ADJ2284547 (LAO 0820988)
Regular
May 19, 2025

Julio Mendoza vs. Tuff-Weld Wood Specialties, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration regarding a lien claim by Angoal Medical Collections (AMC) against Tuff-Weld Wood Specialties and State Compensation Insurance Fund. The initial F&O barred AMC's lien, citing untimely filing and the equitable doctrine of laches. The Board found that the defendant failed to provide evidence of prejudice, a necessary element for the laches defense. Consequently, the Board rescinded the prior F&O, deferring the issue of prejudice and returning the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderLabor Code Section 4903.8Equitable Doctrine of LachesAffirmative DefensePrejudiceBurden of ProofMedical-Legal Evaluation
References
Case No. ADJ7600989
Regular
Feb 27, 2017

JOSE ROBLEDO vs. JOSE E. PEDROSO AKA JOSE PEDROSO AKA JOSE ELADIO PERDOSA AKA JOSE PEDROSO LANDA DBA JPL SECURITY SERVICES, LIBORIO MARKET INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior findings of fact. The Board found that the prior decision incorrectly applied the *Borello* test for determining employment status and failed to properly address the issue of joint employment. Furthermore, the Board determined that the trial judge did not make sufficient findings regarding the equitable defense of laches. The case is remanded to the trial level for further proceedings consistent with the Board's decision.

Workers' Compensation Appeals BoardJoint EmployerSpecial EmployerLachesEquitable DoctrineBorello TestUninsured Employers Benefits Trust FundPetition for ReconsiderationFindings of FactThreshold Issue
References
Case No. ADJ614533 (LAO 0820975)
Regular
Mar 12, 2020

GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND,

The WCAB granted the lien claimant's petition for reconsideration, rescinding the prior order that barred the 2003 lien claim based on laches. The Board found that the defendant failed to present any evidence to prove prejudice or change of position resulting from the claimant's delay. Consequently, the case is returned to the trial level for further proceedings to develop the record regarding the laches defense.

Lien claimantLachesPetition for ReconsiderationWorkers' Compensation Appeals BoardFindings and OrderAdministrative law judgePetitionDeclaration of Readiness to ProceedBurden of proofPrejudice
References
Case No. ADJ4678016 (VNO 0340831) ADJ543807 (VNO 0340832) ADJ1072800 (VNO 0372652) ADJ8135564
Regular
May 13, 2019

WAYNE MUSGROVE vs. ASTRO BUSINESS PRODUCTS/CANON BUSINESS SOLUTIONS, YASUDA now SOMPO JAPAN OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the prior decision that the applicant's 1992 injury claim was not barred by the statute of limitations. The Board found the evidence supported the conclusion that the applicant completed and filed a claim form with his employer. Furthermore, the Board clarified it did not adopt the WCJ's laches analysis, and any such defense would require a showing of prejudice, which was not established. The defendant's arguments regarding the claim form and laches were thus rejected.

Statute of LimitationsClaim FormLachesPetition for ReconsiderationWorkers' Compensation Appeals BoardEstoppelWindow Period CasePrejudiceUnreasonable DelayWCJ Report
References
Case No. ADJ4034451 (LAO0828895)
Regular
Feb 28, 2020

ANA MENDOZA vs. TOMDAN ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration for lien claimants JKT Psych Collections and Angoal Medical Collections. The Board rescinded the prior order and returned the case to the trial level for further proceedings. This action was taken to allow the parties to address the equitable doctrine of laches concerning untimely filings of assignments and declarations. The Board found that the initial decision to stay the JKT lien under Labor Code section 4615 was not supported by evidence.

Labor Code section 4615Labor Code section 4903.8Petition for ReconsiderationLien ClaimantsAssignment ValidityDeclaration of PerjuryCriminal ChargesAutomatic StayEquitable PowersLaches
References
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