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PanelDenied

Mann, Balwinder

MOHINDER MANN for BALWINDER MANN (deceased), Applicant vs. D&G TRANS LOGISTICS; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ8496155
Decision date: Date unavailable
District office: Lodi
WCJ: —
Claim administrator: Uninsured Employers Benefits Trust Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: death

LC §3207LC §3709LC §3709.5LC §3732LC §3861LC §4700LC §4701LC §4702LC §4703LC §5705CCR §10325

Summary

Balwinder Mann died in a motor vehicle accident on April 25, 2011 while working as a truck driver for an uninsured employer, D&G Trans Logistics. His widow, Mohinder Mann, filed a death claim and the matter settled by C&R in May 2017, with UEBTF paying $309,798.24 in death benefits, including $103,266.08 to Ms. Mann. UEBTF claimed a mandatory credit for $39,960.00 that Ms. Mann received in a third party civil settlement. The WCAB affirmed the WCJ's denial of the credit, holding that UEBTF, as the party asserting credit, bore the burden of proof and failed to establish entitlement because death benefits are independent of the deceased employee's claim and the civil settlement compensated Ms. Mann for loss of consortium/companionship, which is not subject to credit.

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.