Home/Case Law/JAMES PERRY vs. ALCO PACIFIC, AIG DOMESTIC CLAIMS, INC. for AMERICAN HOME ASSURANCE
Regular DecisionReconsideration

JAMES PERRY vs. ALCO PACIFIC, AIG DOMESTIC CLAIMS, INC. for AMERICAN HOME ASSURANCE

Filed: Oct 14, 2008
San Francisco
ADJ2154550 (MON 0115928)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order disallowing lien claims, and remanded the case for further proceedings. The Board found that Labor Code section 4903.5(a) was not applicable as the liens were filed prior to its enactment, and the defendant failed to establish the equitable defense of laches. The original compromise and release agreement also explicitly stated that all liens would be adjusted outside of the settlement.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order disallowing lien claims, and remanded the case for further proceedings. The Board found that Labor Code section 4903.5(a) was not applicable as the liens were filed prior to its enactment, and the defendant failed to establish the equitable defense of laches. The original compromise and release agreement also explicitly stated that all liens would be adjusted outside of the settlement.

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JAMES PERRY vs. ALCO PACIFIC, AIG DOMESTIC CLAIMS, INC. for AMERICAN HOME ASSURANCE (2008) – San Francisco | CompFox