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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. ADJ7133410
Regular
Dec 10, 2018

HUGO DIAZ vs. YOUTH CONNECTION OF VENTURA COUNTY, REDWOOD FIRE & CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and returned the case for further proceedings. The administrative law judge had dismissed a lien claimant's lien for failing to timely file a declaration under Labor Code section 4903.8. However, the Board found that section 4903.8, as amended, does not mandate dismissal for pre-2013 liens with untimely declarations. While the lien is not dismissed, the Board noted that the untimely filing could be grounds for sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderLabor Code section 4903.8Mandatory dismissalSenate Bill 863Declaration of perjuryUntimely declarationInvalid lien
References
3
Case No. MISSING
Regular Panel Decision

Pardo v. Bialystoker Center & Bikur Cholim, Inc.

The plaintiff appealed two orders from the Supreme Court, New York County. The first order, dated September 12, 2002, and the second, dated February 27, 2003, had denied the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and precluded him from asserting Labor Law claims at trial concerning the alleged failure of defendants to secure a scaffold with "tie-ins." The appellate court modified the lower court's orders, vacating the provisions that barred the plaintiff from offering evidence regarding the defendants' alleged failure to use tie-ins. The court affirmed the orders in all other respects. It emphasized that under Labor Law § 240 (1), a plaintiff only needs to demonstrate that injuries were partially attributable to the defendant's failure to implement statutorily mandated safety measures to protect against elevation-related risks. The court also clarified that contributory negligence is irrelevant in such cases. The plaintiff's belated request to plead a violation of Industrial Code § 23-5.8 (g) was denied due to an unequivocal waiver of his Labor Law § 241 (6) cause of action.

Labor LawScaffold SafetySummary JudgmentElevation HazardsProximate CauseContributory NegligenceTie-insWorkplace AccidentStatutory Safety MeasuresAppellate Decision
References
7
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ1474695
Regular
Apr 12, 2019

IRIS TABORA vs. HARBOR BUILDING SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns lien claimants whose liens were filed before January 1, 2013. The WCJ initially invalidated their liens for failing to submit declarations under Labor Code section 4903.8(d). However, the Appeals Board rescinded this order, finding that section 4903.8(e) does not apply to pre-2013 liens. The matter was returned to the trial level to allow the lien claimants to submit compliant declarations and for further proceedings.

Workers' Compensation Appeals BoardLabor Code Section 4903.8Lien ClaimantsDeclarationReconsiderationMinute OrderWCJInvalid LiensSubstantial JusticeCompromise and Release
References
2
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. ADJ66 99348
Regular
Apr 11, 2016

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

This case involves lien claimants Rx Funding Solutions and PharmaFinance seeking payment for assigned medical expenses. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior ruling that disallowed these liens under Labor Code section 4903.8(a). The WCAB found that the 2014 amendments to section 4903.8(a)(2) specifically exempt assignments made before January 1, 2013, from preclusion. Therefore, the WCAB amended the prior order to allow the lien claimants to proceed with further proceedings on the merits of their claims.

WCABReconsiderationLien ClaimantsLabor Code Section 4903.8AssignmentCeased Doing BusinessPharmacyPharmacistSB 863AB 2732
References
10
Case No. MISSING
Regular Panel Decision

Chesterfield Associates v. New York State Department of Labor

This case addresses Chesterfield Associates' challenge to the New York Department of Labor's 'annualization' rule (12 NYCRR 220.2 [d]), used to assess compliance with the prevailing wage law (Labor Law art 8) on public projects. Chesterfield disputed the annualization of its profit-sharing pension contributions made on behalf of employees who worked on public projects in Nassau and Suffolk counties between 1994 and 1997. The annualization rule calculates an hourly cash equivalent of benefits by dividing total contributions by total annual hours worked (both public and private). Chesterfield argued this methodology effectively penalized contractors by demanding prevailing rates for private work or forcing cash supplements. The Commissioner of Labor, whose decision was affirmed by the Appellate Division and the Court of Appeals, determined that annualization was a reasonable method to value fringe benefits, prevent cost-shifting, and ensure fair competition among contractors.

Prevailing Wage LawAnnualization RuleLabor Law § 220Fringe BenefitsPension ContributionsPublic Works ProjectsContractor ComplianceProfit-Sharing PlanJudicial ReviewAdministrative Deference
References
10
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. ADJ9063212
Regular
Feb 15, 2019

LUIS VILLAGOMEZ vs. WALMART STORES, INC.; ACE AMERICAN, administered by YORK

This Workers' Compensation Appeals Board case involved liens filed by Mesa Pharmacy and ResHealth Medical, which were deemed invalid by the WCJ under Labor Code section 4903.8(e). Lien claimants sought reconsideration, arguing the WCJ incorrectly placed the burden of proof regarding declarant competency on them. The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings. The Board clarified that declarants under section 4903.8(d) must have personal knowledge of the services provided and billing accuracy. It also noted that all submitted declarations, not just one, should be considered when evaluating compliance with the statute.

Labor Code section 4903.8(e)declarant competencypersonal knowledgehearsaypenalty of perjurylien validityworkers' compensation liensassignment violationreconsiderationFindings of Fact and Order
References
2
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