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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

Klem v. Special Response Corp.

This case involves an appeal from an order regarding the distribution of settlement proceeds and a workers' compensation lien. The plaintiff sustained an ankle injury during employment and subsequently settled a personal injury action against Special Response Corporation. Zurich Insurance Company, the workers' compensation insurer for the plaintiff's employer, had paid over $114,000 in benefits and claimed a lien against the $70,000 settlement proceeds. The Supreme Court initially ruled that Zurich was not entitled to assert a lien. However, the appellate court reversed this decision, affirming Zurich's right to a lien, but remitted the matter to the Supreme Court for further proceedings to properly calculate the lien amount, taking into account statutory reductions for benefits paid in lieu of first-party benefits and an equitable apportionment of litigation costs, including attorneys' fees.

Workers' CompensationLien RightsSettlement ProceedsPersonal InjuryAppellate ReviewInsurance LawEquitable ApportionmentLitigation CostsFirst-Party BenefitsNo-Fault Law
References
6
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. MISSING
Regular Panel Decision

Sheppard v. Interbay Funding, LLC

This case involves a dispute over lien priority on real property between Leonard Sheppard Jr., Trustee (appellant) and Interbay Funding, LLC (appellee). Julian Kimble purchased property financed by two loans, one from Interbay and one from Lake Olympia, with Lake Olympia's lien subordinate to Interbay's original. Kimble later refinanced the Interbay loan, leading to a dispute over whether the new Interbay refinanced lien maintained the original first-lien priority over the Lake Olympia lien, which had been assigned to Property Sales & Management, L.L.C. and then to Sheppard. Interbay sought a declaratory judgment to confirm its superior lien status, arguing contractual and equitable subrogation. The trial court granted Interbay summary judgment, ruling it held an "equitable first lien." The appellate court modified the judgment to remove the word "equitable" and affirmed that Interbay maintained a first lien based on contractual documents and principles from the Restatement (Third) of Property (Mortgages), finding no material prejudice to the junior lienholder for the amount used to discharge the original senior debt.

Lien PriorityReal PropertyMortgage RefinancingSubrogationEquitable SubrogationContractual SubrogationSummary JudgmentAppellate ReviewDeed of TrustPromissory Note
References
17
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. MISSING
Regular Panel Decision
Aug 02, 2011

Seickel v. State Insurance Fund

This case involves an appeal from an order that granted a petition to extinguish a lien pursuant to Workers’ Compensation Law § 29 and determined respondents’ equitable share of petitioner’s litigation costs. The appellate court modified the order, vacating the determination of respondents’ equitable share of litigation costs and remanding the matter for recalculation. The court held that petitioner’s projected future medical expenses are too speculative to be considered in calculating the total benefit to respondents. It affirmed the lower court's use of the Life Expectancy and Present Value Tables set forth in the Pattern Jury Instructions to determine the present value of future indemnity liability, rejecting the respondents' contentions regarding the use of other mortality or remarriage tables.

Workers' Compensation LawLien ExtinguishmentLitigation CostsEquitable ShareFuture Medical ExpensesSpeculative DamagesLife Expectancy TablesPresent Value TablesMortality TablesAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Dec 27, 2004

McComber v. Lehrer McGovern Bovis, Inc.

This case involves an appeal of an order from the Supreme Court, New York County, which fixed a nonparty-appellant workers’ compensation carrier’s lien at $23,355.68. The original action was for personal injuries at a work site, resulting in a $14.5 million recovery for the plaintiff through a high-low settlement. The carrier had paid $228,605.18 in past compensation benefits and was assessed to have a present value of $387,143.30 in future compensation benefits that it would have paid. The appellate court affirmed the lower court's decision, which applied the Kelly formula to reduce the carrier's lien by its equitable share of litigation costs, encompassing both past and future benefits. The court also rejected the carrier's argument that the plaintiff violated Workers’ Compensation Law § 29 (5) by not obtaining consent for the settlement, clarifying that such consent is only required for settlements less than the statutory benefits, which was not the case here. Furthermore, any required judicial approval was deemed properly granted nunc pro tunc.

Lien ReductionKelly FormulaFuture Benefits ValuationHigh-Low SettlementJudicial DiscretionNunc Pro Tunc ApprovalWorkers' Compensation Law § 29 (5)Equitable ApportionmentSubrogation RightsPersonal Injury Recovery
References
7
Case No. 01-07-00935-CV
Regular Panel Decision
Aug 27, 2009

Leonard Sheppard, Jr., Trustee v. Interbay Funding, LLC

The appellate court affirmed a modified summary judgment in a dispute over real property lien priority. Appellant Leonard Sheppard, Jr., Trustee, challenged the trial court's ruling that Interbay Funding, LLC held an equitable first lien after refinancing a loan for Julian Kimble. The core issue was whether Interbay's refinanced loan maintained its senior lien position over a subordinate lien held by Sheppard, even after the original Interbay lien was released. The court, applying the Restatement (Third) of Property (Mortgages) § 7.3, determined that Interbay was contractually entitled to retain a first lien for the amount used to discharge the prior debt, as Sheppard suffered no prejudice. Consequently, the judgment was modified to remove the term "equitable" from Interbay's first lien, thereby affirming its priority.

Mortgage LawReal PropertyLien PrioritySummary JudgmentEquitable SubrogationContractual SubrogationRefinancingAppellate ReviewRestatement of PropertyTexas Law
References
18
Case No. MISSING
Regular Panel Decision

Stair v. Calhoun

Plaintiffs' counsel, Ballon Stoll Bader & Nadler, P.C., moved to withdraw from representing plaintiffs and sought a charging and retaining lien due to plaintiff Theodore Stair's substantial unpaid legal fees. Stair opposed the withdrawal, citing a pending settlement. The court granted counsel's motion to withdraw, finding Stair's prolonged failure to pay constituted deliberate disregard of his financial obligations. The court also granted a charging lien for $37,546.87, representing adjusted reasonable hours and expenses, but denied the motion for a retaining lien to prevent prejudice to the ongoing litigation and due to Stair's alleged indigence.

Withdrawal of CounselCharging LienRetaining LienUnpaid Legal FeesAttorney-Client RelationshipDeliberate DisregardQuantum MeruitShareholder DilutionMotion PracticeFee Dispute
References
86
Case No. ADJ2278453
Regular
Dec 24, 2008

SANDRA LARSEN vs. SANCTUARY DAY SPA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of her $45\%$ permanent disability rating, finding sufficient medical evidence for apportionment. However, the Board granted the lien claimant's petition for reconsideration regarding attorney fees, rescinding the prior order to allow further proceedings to determine a reasonable fee split among three attorneys. The matter was returned to the trial level for a lien conference to equitably divide attorney fees for services rendered to the applicant.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerLien ClaimantAttorney's FeesPetition for ReconsiderationFindings Award OrderRescind
References
2
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