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Regular DecisionReconsideration

THOMAS ELEM vs. DYNEGY MARKETING & TRADE, TRAVELERS PROPERTY CASUALTY OF AMERICA

Filed: Apr 18, 2014
Sacramento
ADJ8040986

CompFox AI Summary

In this workers' compensation case, a lien claimant objected to the approval of a Compromise and Release (C&R) between the applicant and defendants. The applicant had a prior injury with the same body parts, and the lien claimant was administering medical care for that previous injury. The C&R explicitly stated that the lien claimant's lien would be paid, adjusted, or litigated and scheduled a lien conference. The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, adopting the judge's report which found the objection lacked merit and did not adversely affect the lien claimant's interests, citing that a lien claimant cannot block settlement.

Full Decision Text1 Pages

In this workers' compensation case, a lien claimant objected to the approval of a Compromise and Release (C&R) between the applicant and defendants. The applicant had a prior injury with the same body parts, and the lien claimant was administering medical care for that previous injury. The C&R explicitly stated that the lien claimant's lien would be paid, adjusted, or litigated and scheduled a lien conference. The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, adopting the judge's report which found the objection lacked merit and did not adversely affect the lien claimant's interests, citing that a lien claimant cannot block settlement.

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THOMAS ELEM vs. DYNEGY MARKETING & TRADE, TRAVELERS PROPERTY CASUALTY OF AMERICA (2014) – Sacramento | CompFox