CompFox AI Summary
This case concerns an employer's lien for death benefits paid after an employee's death from an industrial injury. The employee's dependents settled a third-party lawsuit for $445,000, with a portion withheld pending determination of the employer's lien. A Superior Court found it lacked jurisdiction over the employer's reimbursement claim, and the WCJ similarly dismissed the matter, finding no pending workers' compensation issue. The Appeals Board, however, determined it has jurisdiction to adjudicate employer negligence and the amount of the lien, drawing parallels to its authority in credit claims. The matter is returned for trial at the WCAB level.
Full Decision Text1 Pages
This case concerns an employer's lien for death benefits paid after an employee's death from an industrial injury. The employee's dependents settled a third-party lawsuit for $445,000, with a portion withheld pending determination of the employer's lien. A Superior Court found it lacked jurisdiction over the employer's reimbursement claim, and the WCJ similarly dismissed the matter, finding no pending workers' compensation issue. The Appeals Board, however, determined it has jurisdiction to adjudicate employer negligence and the amount of the lien, drawing parallels to its authority in credit claims. The matter is returned for trial at the WCAB level.
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