In Guerrero v. Easy Staffing , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s order dismissing the lien of Advance Care Specialist Medical Clinic (ACSMC) for failure to timely file the lien pursuant to the 18-month...
Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a...
A California appellate court dismissed a claim filed by two workers who objected to the state’s workers’ compensation lien filing fee and non-assignment provisions of Labor Code §§ 4903.05, subd. (c) and 4903.8, finding that the workers had...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE ©...
The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid by a third party for...
In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant. The WCAB...
Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim...
Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved...
Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered...
The California Commission of Health, Safety and Workers' Compensation held its first 2013 meeting this past Thursday. Here's a thumbnail sketch of some of the more interesting tidbits discussed: Christine Baker, Director of the California Department of...
By David Bryan Leonard, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . Since January 2013, all participants in California workers’ compensation act have wrestled with dynamics imposed...
Today the W.C.A.B. issued one new and one “upgraded” decision regarding payment of lien activation fees under Labor Code § 4903.06 . On April 5 the W.C.A.B. had issued a significant panel decision in Figueroa v B.C. Doering Co.; Employers Compensation...
The W.C.A.B. has issued a “Significant Panel Decision”[fn1] for only the second time in the past 6 years on an issue of widespread, but time limited, application to workers’ compensation practitioners and participants at W.C.A.B. proceedings....
Here’s the second batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved...
Here’s the fourth batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved...