Home/Case Law/PATRICK ESTRADA vs. AITKEN EQUIPMENT AND REPAIR, CLARENDON NATIONAL INSURANCE, AMERICAN ALL RISK LOSS ADMINISTRATORS
Regular DecisionReconsideration

PATRICK ESTRADA vs. AITKEN EQUIPMENT AND REPAIR, CLARENDON NATIONAL INSURANCE, AMERICAN ALL RISK LOSS ADMINISTRATORS

Filed: Aug 24, 2011
San Francisco
ADJ1025641 (OXN 0137996) ADJ3304480 (OXN 0136581)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision holding defendants liable for interest on an Employment Development Department (EDD) lien. The Board found defendants' arguments that stipulations absolved them of interest liability and that applicant should pay were meritless, as the EDD was not a party to the stipulations. Furthermore, Unemployment Insurance Code section 2629.1(e) clearly places interest liability on the employer. Consequently, the Board granted removal on its own motion to consider imposing sanctions against defendants' attorney for misrepresenting the law and record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision holding defendants liable for interest on an Employment Development Department (EDD) lien. The Board found defendants' arguments that stipulations absolved them of interest liability and that applicant should pay were meritless, as the EDD was not a party to the stipulations. Furthermore, Unemployment Insurance Code section 2629.1(e) clearly places interest liability on the employer. Consequently, the Board granted removal on its own motion to consider imposing sanctions against defendants' attorney for misrepresenting the law and record.

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PATRICK ESTRADA vs. AITKEN EQUIPMENT AND REPAIR, CLARENDON NATIONAL INSURANCE, AMERICAN ALL RISK LOSS ADMINISTRATORS (2011) – San Francisco | CompFox