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

Case No. ADJ769558
Regular
Apr 02, 2013

JOSE VILLA-TORRES vs. CARMAX AUTO SUPERSTORE, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, upholding the administrative law judge's (ALJ) finding that the lien claim was barred by the statute of limitations. The WCAB also dismissed the defendant's petition for reconsideration as untimely. The Board declined to impose sanctions on either party, though it admonished defendant's counsel for excessive exhibits. The ALJ's report, which detailed the untimeliness of the lien claim and found no basis for tolling the statute of limitations, was adopted and incorporated by the WCAB.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDismissalStatute of LimitationsLabor Code Section 4903.5Compromise and ReleaseToll Statute of LimitationsEquitable EstoppelMedical Provider
References
3
Case No. ADJ2017747
Regular
Nov 01, 2011

DIANE REYNOSO vs. WELCOME HOME, CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level to decide a lien claim on its merits. The WCJ initially denied the lien claim as barred by the statute of limitations. However, the Board found the defendant estopped from asserting the statute of limitations due to their failure to serve the lien claimant with crucial documents. This failure to serve tolled the statute of limitations, allowing the lien claim to proceed to a decision on its merits.

Workers' Compensation Appeals BoardLien claimantStatute of limitationsLabor Code section 4903.5ReconsiderationFindings and OrderStipulated AwardCompromise and ReleaseExplanation of ReviewWCAB Rule 10886
References
2
Case No. ADJ9580231 (MF), ADJ9580348, ADJ10575850, ADJ10579286
Regular
Feb 23, 2023

PEDRO PUENTES SALAZAR vs. PREMIER LANDSCAPING, TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

A lien claimant, Joyce Altman Interpreters, petitioned for reconsideration after a WCJ barred their recovery of services due to the statute of limitations on certain cases. The lien claimant argued the WCJ erred by excluding evidence and violating due process regarding the statute of limitations. The Appeals Board rescinded the WCJ's decision and approved a stipulation between the lien claimant and defendants. This stipulation likely resolves the statute of limitations issue and allows for recovery.

Workers' Compensation Appeals BoardLien ClaimantStatute of LimitationsLabor Code § 4903.5Labor Code § 5404ReconsiderationFindings and OrderWCJDue ProcessRecord Development
References
0
Case No. MISSING
Regular Panel Decision
Jun 29, 1992

Mark v. Eshkar

This case involves a plaintiff, owner of Manhattan premises, and defendants Eshkar and Jules Schapiro, whose adjacent building shared a party wall. Following rehabilitation work on Schapiro's building in 1984, minor damage to the party wall occurred. In 1989, more significant structural cracks appeared, attributed to allegedly faulty foundation work supervised by Eshkar. The trial court dismissed the plaintiff's negligence claim against Eshkar, deeming it barred by a three-year statute of limitations, which it held commenced in 1985 upon the issuance of the certificate of occupancy. The appellate court reversed this decision, ruling that the cause of action accrued in 1989 when the structural cracks became visible, aligning with the principle that the statute of limitations for damages resulting from loss of lateral support begins when such damages are sustained and become apparent.

Statute of LimitationsNegligenceReal PropertyParty WallConstruction DefectsAccrual of Cause of ActionLatent DefectsStructural DamageNew York LawAppellate Procedure
References
2
Case No. MISSING
Regular Panel Decision
Apr 15, 1999

Nunes v. National Union Fire Insurance

Karl Nunes, injured during employment, received workers' compensation benefits from National Union Fire Insurance Company. After settling a third-party action against Tower Elevator, Inc., National Union asserted a lien for the benefits. However, National Union failed to initiate an action to enforce this lien within the three-year Statute of Limitations, which commenced upon the third-party settlement. Consequently, Nunes petitioned the Supreme Court, Queens County, to vacate the lien, a request that was granted. The Appellate Division affirmed this decision, confirming that the lien was appropriately vacated due to the insurer's failure to enforce it within the statutory period.

Workers' CompensationLien VacaturStatute of LimitationsThird-Party ActionInsurance LienAppellate DivisionCPLR 214(2)Workers' Compensation Law § 29(1)Elevator AccidentEmployment Injury
References
2
Case No. ADJ8904484
Regular
Mar 13, 2017

MIGUEL CERDA vs. LIVING OPPORTUNITIES MANAGEMENT COMPANY, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a finding that their lien was barred by the statute of limitations under Labor Code section 4903.5(a). The Board determined that the 18-month filing deadline applied because the claimant's last date of service was after July 1, 2013, and the lien was filed approximately twenty months after that date. The Board rejected the claimant's argument that a three-year limit should apply due to continuous service before and after July 1, 2013, citing precedent establishing the last date of service as the relevant date for the statute of limitations. Commissioner Sweeney dissented, arguing that the three-year period should apply to continuous service before and after the July 1, 2013 date to avoid requiring multiple lien filings.

Labor Code section 4903.5(a)statute of limitationslien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Boardadministrative law judgetimely filingcontinuous serviceslast date of service
References
5
Case No. MISSING
Regular Panel Decision

Davis v. Isaacson, Robustelli, Fox, Fine, Greco & Fogelgaren, P. C.

Plaintiff Karl Davis sued attorney Bernard A. Kuttner for legal malpractice, alleging failure to pursue certain claims after a workplace injury in 1989. Kuttner moved to dismiss the lawsuit, arguing that the action was barred by the recently amended CPLR 214 (6), which shortened the statute of limitations for non-medical malpractice to three years and would have rendered Davis's claims, which accrued in 1991, time-barred by his 1997 filing against Kuttner. The court denied Kuttner's motion, ruling that applying the amended CPLR 214 (6) in this instance would unconstitutionally deprive the plaintiff of a reasonable time to bring suit, as the claims would have been immediately barred upon the amendment's effective date without legislative provision for a grace period. Consequently, the court held that the six-year statute of limitations previously in force applied, deeming Davis's claims timely.

Legal MalpracticeStatute of LimitationsCPLR 214 (6) AmendmentConstitutional LawDue ProcessRetroactivity of LawWorkers' Compensation ClaimNegligenceWorkplace InjuryMotion to Dismiss
References
27
Case No. ADJ8292814, ADJ8859836, ADJ8292825
Regular
Oct 29, 2019

JO MARIE JENNINGS vs. PASADENA CITY COLLEGE, KEENAN & ASSOCIATES

In this workers' compensation case, the Appeals Board granted reconsideration to address the statute of limitations defense raised by the defendant, Pasadena City College. The Board found that the defendant failed to prove that Anthem Blue Cross, as a lien claimant, had sufficient knowledge of the claim to trigger the statute of limitations. Consequently, the Board affirmed the original decision, but amended the findings of fact to explicitly state that Anthem Blue Cross's lien is not barred by the statute of limitations.

Workers' Compensation Appeals BoardPasadena City CollegeKeenan & AssociatesPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeStatute of LimitationsAffirmative DefenseBurden of ProofLabor Code § 5705Jack Morgan M.D.
References
0
Case No. ADJ2699811
Regular
Nov 30, 2015

VINCENTE CARDENAS vs. VTL AMPLIFIERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ITS SERVICING FACILITY BROADSPIRE, A CRAWFORD COMPANY, FOR CALIFORNIA COMPENSATION IN LIQUIDATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior decision that barred lien claimant Dr. Elena Konstat's claim. The WCAB found that the statute of limitations did not apply because the services were provided before the relevant amendment, and the lien claimant's filing date was timely under the then-existing statute. Furthermore, the WCAB determined that the statute of limitations was tolled because the defendant failed to serve the lien claimant with the approved Compromise and Release, as required by WCAB Rule 10886. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationStatute of LimitationsLabor Code section 4903.5Compromise and ReleaseWCJWCAB Rule 10886TolledLien Claim Filing Date
References
0
Case No. ADJ1524218 (SBR 0307413) ADJ4224771 (SBR 0301746) ADJ1704546 (SBR 0318173)
Regular
Jan 06, 2014

ANGELINA WILSON vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Appeals Board granted reconsideration and rescinded the prior findings regarding Monica Wilson's lien, remanding the case for further proceedings. The primary issue was the lack of admitted evidence to support the original decision on statute of limitations and lien fee payment. The Board clarified that the lien filing fee, not the activation fee, applies to liens filed after January 1, 2013. The case was returned to the trial level for the WCJ to develop a complete evidentiary record before addressing the statute of limitations and lien validity.

Workers' Compensation Appeals BoardLienStatute of LimitationsLabor Code 4903.5Lien Filing FeeLabor Code 4903.05ReconsiderationFindings of FactStipulated AwardPermanent Disability
References
5
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