Home/Case Law/RALPH MIRALES vs. PERSONNEL PLUS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for KEMPER/AMERICAN PROTECTIONS, In Liquidation
Regular DecisionWorkers' Compensation

RALPH MIRALES vs. PERSONNEL PLUS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for KEMPER/AMERICAN PROTECTIONS, In Liquidation

Filed: Dec 19, 2014
ADJ1780105 (LAO 0837060)

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded the Judge's sanctions against a lien claimant, County of San Bernardino Department of Child Support Services. While the claimant's failure to attend a hearing was a mistake, not willful misconduct, the Board found the drastically reduced lien recovery sufficient punishment. The Board therefore approved the settlement and awarded the lien claimant the reduced amount but rescinded the $200.00 sanction, though one Commissioner dissented, arguing sanctions were warranted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded the Judge's sanctions against a lien claimant, County of San Bernardino Department of Child Support Services. While the claimant's failure to attend a hearing was a mistake, not willful misconduct, the Board found the drastically reduced lien recovery sufficient punishment. The Board therefore approved the settlement and awarded the lien claimant the reduced amount but rescinded the $200.00 sanction, though one Commissioner dissented, arguing sanctions were warranted.

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RALPH MIRALES vs. PERSONNEL PLUS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for KEMPER/AMERICAN PROTECTIONS, In Liquidation (2014) – | CompFox