WCPanelIQ
PanelLienDenied

Amanda Perez — ADJ2925427, ADJ3345421, ADJ3709124

AMANDA PEREZ, Applicant vs. CDCR; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ2925427, ADJ3345421, ADJ3709124
Decision date
Oct 15, 2026
District office
Fresno
WCJ
McClelland
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER
LC §4903LC §4903.1LC §4909LC §5502CCR §10964

Summary

Lien claimant CCPOA Benefit Trust Fund sought reconsideration of a July 17, 2026 Joint Findings of Fact, Award, and Order limiting its living-expense lien reimbursement to $6,621.34 from SCIF, arguing it was entitled to $82,989.34 for all living expenses paid during any period applicant received temporary disability or industrial disability leave (IDL). This was the fourth petition for reconsideration in the matter. The Board, relying on its prior 2016 and 2020 decisions interpreting Labor Code section 4903.1(a)(3)(A), held that a lien is only allowable to the extent benefits were paid for the same days for which temporary disability indemnity is *awarded*, not merely voluntarily paid IDL/TTD. Because only the 11/12/07 to 11/11/08 period in ADJ3709124 involved an actual award of temporary disability, reimbursement was limited to $6,621.34, which lien claimant did not contest for that period. The Board declined to reach the unjust enrichment issue because it was not properly framed or litigated at trial. The petition was denied, with Commissioner Razo dissenting on the ground that denying full reimbursement creates an impermissible double recovery for applicant.

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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