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

Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7350560
Regular
May 21, 2013

ANDREA BARRERA vs. PET SMART, SEDGWICK

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing Expert Medical Management's lien. The lien, filed before January 1, 2013, was subject to a lien activation fee under Labor Code Section 4903.06(a). Expert Medical Management failed to pay this fee, despite multiple opportunities, leading to the dismissal of their lien claim. The Appeals Board adopted the judge's report, which found the lien claimant's arguments regarding Labor Code Section 4903(b) amendments and penalty payments irrelevant to the activation fee requirement.

Lien activation feePetition for ReconsiderationLabor Code §4903.06(a)Medical-legal expensesLabor Code §4903(b)Expert Medical ManagementWCABWorkers' Compensation Appeals BoardDewayne MarshallStipulations with Request for Award
References
1
Case No. ADJ6757406
Regular
Apr 08, 2013

ESPERANZA CARRILLO vs. INTEGRATED HEALTHCARE HOLDINGS, INC. (formerly WESTERN MEDICAL CENTER), REDWOOD FIRE & CASUALTY INSURANCE COMPANY

In this workers' compensation case, the Appeals Board denied reconsideration of an order dismissing several lien claims. The dismissal was due to the lien claimants' failure to pay the required lien activation fee as mandated by Labor Code section 4903.06(a)(4). The Board also admonished certain lien claimants for failing to properly notify the employer and the Board of changes in their representatives as required by Labor Code section 4903.6(b). The WCJ's report, incorporated by the Board, found the lien claimants' arguments regarding constitutionality and procedural due process to be without merit.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code section 4903.06Lien Activation FeeDismissal of LiensDue ProcessSB 899SB 863EAMS
References
4
Case No. ADJ7476466
Regular
Jul 17, 2013

JESUS AGUILAR vs. ROSABLA A. SAWERS, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP., AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Greenway Clinic's Petition for Reconsideration, upholding the dismissal of its lien. Greenway argued that electronic system malfunctions prevented timely payment of a lien activation fee required under Labor Code section 4903.06. However, the Board found this section inapplicable to liens filed after January 1, 2013, which are subject to a filing fee under section 4903.05. Because Greenway's lien was filed in 2013 without the required filing fee, it was deemed invalid and dismissed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationLien activation feeElectronic Adjudication Management SystemLabor Code section 4903.06Declaration of Readiness to ProceedCompromise and ReleaseLien filing feeInvalid lien
References
0
Case No. ADJ7446809
Regular
Apr 17, 2013

JOE RAMIREZ vs. THE KROEGER COMPANY/RALPHS

The Workers' Compensation Appeals Board denied reconsideration of a decision dismissing Amy Swei's lien claim. The dismissal was based on the lien claimant's failure to pay a mandatory $100 lien activation fee prior to the scheduled lien conference, as required by Labor Code Section 4903.06(a)(4). The administrative law judge found the fee was paid after the 8:30 AM conference commenced, making the payment untimely. The Board adopted the judge's reasoning, emphasizing the clear language of the Labor Code mandating payment before the conference.

WCABADJ7446809Petition for ReconsiderationDWCemergency rule 10208(a)Labor Code section 4903(b)lien activation feeDeclaration of Readiness to Proceedlien conferenceOrders Dismissing Lien Claim
References
1
Case No. ADJ7613459
Regular
May 07, 2013

LUIS MARTINEZ vs. ANA TERRAZAS, ALLSTATE INSURANCE CO., ADMINISTERED BY SPECIALTY RISK SERVICES

The Appeals Board ruled that medical-legal expenses, including copy service costs for obtaining medical records, cannot be recovered through a general petition for costs under Labor Code section 5811. Such claims must instead be pursued through the established lien process, which now includes a lien activation fee under Labor Code section 4903.06. Lien claimants who withdrew their liens prior to this decision and filed petitions for costs are permitted to reinstate their liens to pursue recovery, provided they comply with the lien activation fee requirements and their liens were not otherwise dismissed. This decision aims to provide uniformity and prevent parties from avoiding statutorily mandated fees through procedural maneuvers.

SB 863Lien activation feeMedical-legal expensesPetition for costsLabor Code section 5811Labor Code section 4903.06En banc decisionReconsiderationWithdrawal of lienReinstatement principle
References
20
Case No. ADJ273572
Regular
Nov 14, 2008

DIANE DRUEBERT vs. KELLY STAFF LEASING, INC.

This case concerns an award of attorney's fees and costs to the applicant's counsel for successfully opposing the defendant's Petition for Writ of Review at the appellate level. The Court of Appeal remanded the matter for this specific purpose. The Appeals Board awarded $4,350.00 in attorney's fees and $142.61 in costs, totaling $4,492.61, after reviewing the attorney's itemized time and the complexity of the appellate work.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental Attorney's FeesLabor Code § 5801Reasonable CostsCourt of AppealAppellate Attorney's FeesComplex IssuesLegislative IntentSocial Security Offset
References
1
Case No. ADJ122717
Regular
Dec 13, 2012

JOE MARTINEZ vs. CDC-CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

Here is a summary of the case in four sentences: The Workers' Compensation Appeals Board denied a lien claim by the CCPOA Benefits Trust Fund for over $42,000 paid to applicant Joe Martinez for living expenses. The Board found no statutory authority under Labor Code sections 4903 or 4903.1 to allow reimbursement for living expenses paid by a self-insured employee welfare benefit plan. Specifically, Labor Code section 4903.1(a)(3) only permits such liens for group disability policies under specific conditions not met here. The Board affirmed the trial judge's decision disallowing the lien.

Workers' Compensation Appeals BoardLien claimLabor Code section 4903(c)Living expensesSelf-insured employee welfare benefit planStatutory authorizationReimbursementPermanent disabilityTemporary disabilityGroup disability policy
References
8
Case No. MISSING
Regular Panel Decision
Dec 21, 2006

Command Cinema Corp. v. VCA Labs, Inc.

Command Cinema (Plaintiff) sued VCA Labs (Defendant) for breach of express contract, conversion, and breach of implied contract regarding the loss of master tapes for two adult films, 'The Last X-Rated Movie' (LXRM) and 'The Firestorm Trilogy' (FT). VCA moved to dismiss and for summary judgment on several claims, and in limine to exclude certain damages. Command cross-moved for summary judgment on conversion. The court denied VCA's summary judgment motion on the FT breach of contract claim but granted Command's summary judgment on both FT and LXRM breach of contract claims. The court granted VCA's summary judgment motions on conversion and implied breach of contract, consequently denying Command's cross-motions on these claims. Regarding damages, the court granted VCA's motion in limine to exclude lost profits for the FT contract but denied it for the LXRM contract, allowing Command to present evidence for lost asset value for LXRM. Punitive damages were also precluded.

Breach of ContractConversionImplied ContractSummary JudgmentMotion in LimineLost ProfitsPunitive DamagesMaster TapesBailmentContract Interpretation
References
45
Case No. ADJ10307427
Regular
Mar 21, 2017

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured; administered by THE HARTFORD

This case concerns an award of additional attorney's fees for applicant's counsel, pursuant to Labor Code § 5801. The Third District Court of Appeal remanded the matter for this purpose after denying the defendant's Petition for Writ of Review. The parties stipulated to reasonable attorney's fees of $2,500.00. The Board has issued an award of these appellate attorney's fees in favor of the applicant's counsel, payable in addition to any compensation awarded to the applicant.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feesPetition for Writ of Reviewappellate attorney's feesstipulationawardState Compensation Insurance FundThe Hartfordremanded
References
1
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