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PanelLienDenied

Barrera, Nelson

NELSON BARRERA, Applicant vs. PERRY S. LARKSPUR LLC; REPUBLIC INDEMNITY CO. OF AMERICA; REPUBLIC INDEMNITY SAN FRANCISCO, Defendants

ADJ number: ADJ18880902
Decision date: Oct 31, 2024
District office: Oakland
WCJ: —
Claim administrator: Republic Indemnity Co. of America
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: knee, multiple body parts

LC §5909LC §5900LC §4903

Summary

Lien claimant Solano County DCSS sought reconsideration of an Order Approving Compromise and Release (OACR) issued July 26, 2024, which resolved two consolidated claims for $25,000 less attorney fees. DCSS filed a child support lien for $10,713.07 on August 5, 2024, after the OACR issued, and argued the OACR should be set aside because unpaid child support was owed. The C&R contained language stating no liens were known and that defendant would adjust, negotiate, or litigate any timely filed lien with WCAB jurisdiction reserved. The Board held that because the C&R was clear and unambiguous, the August 5, 2024 lien filed under section 4903(e) is defendant's responsibility per Paragraph 8. The Board denied reconsideration, noting either party could file a Declaration of Readiness to litigate the lien now that the case-in-chief was resolved.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.