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PanelLienDismissed

Kuwata, Toshi

TOSHI KUWATA, Applicant vs. IMPLANT DIRECT, LLC; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CMS, Defendants

ADJ number: ADJ13831018
Decision date: Apr 20, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick CMS (administering for ACE American Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Summary

Lien claimant Employment Development Department (EDD) filed a Petition for Reconsideration challenging the January 11, 2023 Findings and Award. The WCAB determined that EDD was not an aggrieved party because its lien claim had not yet been adjudicated, and the temporary disability award expressly excluded the periods against which EDD may assert its lien through an 'EDD credit' withheld from TD payable by defendants pursuant to their May 31, 2022 stipulation. The Board noted EDD could either resolve its lien by agreement (with defendants paying the credit plus interest under Unemployment Insurance Code § 2629.1) or separately adjudicate its lien claim, including accruing interest. Because EDD suffered no prejudice, the Board dismissed the Petition for Reconsideration.

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.

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.