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

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 However, the Appeals Board rescinded this order, finding that section 4903.8(e) does not apply to pre-2013 liens.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. 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 The WCAB granted reconsideration, rescinded the WCJ's order dismissing the liens, and returned the matter for further proceedings.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
12
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
19
Case No. B371-2013, B372-2013
Regular Panel Decision

People v. English

The defendant was arrested for attempted kidnapping and compelling a 14-year-old to engage in prostitution. Incident to the arrest, an iPhone was seized and searched under warrant B371-2013, and an apartment was searched under warrant B372-2013. The defendant moved to controvert both search warrants. The court denied the motion regarding B371-2013, finding the search of the cell phone's contents did not exceed the warrant's scope given the flexibility afforded in digital searches and the plain view doctrine for other incriminating evidence. However, the court granted in part the motion regarding B372-2013, ruling that the warrant for the apartment's electronic devices lacked the necessary specificity under the Fourth Amendment, leading to the suppression of evidence seized from those devices. Evidence seized under the valid portions of B372-2013 (non-electronic items like a holster and ammunition) was deemed admissible.

Search warrantFourth AmendmentCell phone searchElectronic device searchParticularity requirementProbable causeSuppression of evidencePlain view doctrineDigital forensicsAttempted kidnapping
References
13
Case No. ADJ1327924
Regular
Jun 24, 2013

FRUCTUOSO CONTRERAS vs. RAYMOND INTERIOR SYSTEMS NORTH, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order taking a lien off calendar was not a final order. However, the Board granted removal, finding significant prejudice to the defendant. This was due to the lien claimant's failure to pay the required lien activation fee for a pre-2013 lien. Consequently, the Board ordered the lien dismissed with prejudice for this statutory violation.

Lien activation feePetition for RemovalPetition for ReconsiderationWorkers' Compensation Appeals BoardDismissal with prejudiceLabor Code section 4903.06Declaration of Readiness to ProceedLien conferenceInterlocutory orderFinal order
References
12
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
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. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
7
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. 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
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