WCPanelIQ
PanelLienDismissed

Emmanuel Michael Banaag — ADJ12113226

EMMANUEL MICHAEL BANAAG, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12113226
Decision date
Jul 17, 2022
District office
Salinas
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering State of California, Department of Corrections & Rehabilitation, legally uninsured)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lungs, respiratory system, Valley Fever

LC §5900

Summary

Anthem Blue Cross, a lien claimant in the amount of $34,771.73, sought reconsideration of an Order Approving Compromise and Release (OAC&R) issued April 26, 2022, in a Valley Fever claim by a registered nurse employed by CDCR. The C&R between the applicant and defendant resolved only the applicant's benefits and expressly reserved jurisdiction over all liens, with defendant to 'pay, adjust or litigate' all liens of record, including Anthem's. The Board held that because the lien was not finally resolved by the C&R, Anthem was not an 'aggrieved' party under Labor Code section 5900(a) and lacked standing to seek reconsideration. The Board dismissed the Petition while emphasizing it was not ruling on the merits of the lien and that Anthem's due process rights were preserved because it could litigate the lien in subsequent proceedings.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.