WCPanelIQ
PanelLienGranted

Lua, Miguel

MIGUEL LUA, Applicant vs. CALIFORNIA INSURANCE COMPANY for LUA’S BUILDING SERVICES, Defendants

ADJ number
ADJ11438289
Decision date
Dec 11, 2025
District office
Salinas
WCJ
—
Claim administrator
California Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: brain, head, right wrist, lumbar spine, psyche

LC §5950LC §5909LC §5900LC §3861LC §3856LC §3858LC §3860LC §4909LC §5903LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

Applicant's attorney sought reconsideration of an August 14, 2025 Findings and Order in which the WCJ granted defendant a credit of $2,105,893.18 (applicant's net third-party recovery) against its liability for all workers' compensation benefits now due or due in the future, including attorney's fees. The attorney argued the WCJ erred in subjecting his fee to the credit because he did not participate in the third-party settlement. The Appeals Board granted reconsideration, finding that the WCJ's order appeared premature and overbroad because there had been no determination of the amount of compensation due to applicant, and concluding the decision was not supported by substantial evidence at this time. The Board deferred issuance of a final decision pending further review of the merits and the entire record.

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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