Next Enterprises, Inc.; California Insurance Guarantee Association for Villanova Insurance, in Liquidation Anastasia Jenkins WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANASTASIA JENKINS, Applicant,vs.NEXT ENTERPRISES, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONfor VILLANOVA INSURANCE, in liquidation, Defendant,ORACLE IMAGING; N-CARE; NATIONS SURGERY CENTER; PINNACLE LIEN SERVICES, Lien claimants and party in interest.Case Nos. ADJ4357722 (SBR 0307145)ADJ5714365OPINION AND DECISION AFTER RECONSIDERATION We earlier granted the petition of the California Insurance Guarantee Association (CIGA) for reconsideration of the October 5, 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found in pertinent part that Pinnacle Lien Services (Pinnacle) “was not precluded from representing” lien claimants Oracle Imaging (Oracle), N-Care, and Nations Surgery Center (Nations) on their lien claims, and issued an award in their favor. Applicant’s claim of industrial injury to his neck, back, shoulder and upper extremities while working as a manager during the cumulative trauma period ending December 2001, was earlier settled by compromise and release with payment of $88,784.83, as approved by the WCJ on June 17, 2009. CIGA contends that it is not obligated to pay any of the lien claims because the lien , claimants “assigned” their lien claims to Pinnacle for collection and Insurance Code section 1063.1(c)(9)(B) provides in pertinent part that a “covered claim” does not include “any claim by any person other than the original claimant under the insurance policy in his or her own name… and does not include any claim asserted by an assignee or one claiming by right of subrogation…” An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report), which is incorporated herein by this reference. We have carefully reviewed the r
Anastasia Jenkins vs. Next Enterprises, Inc.; California Insurance Guarantee Association For Villanova Insurance, In Liquidation
(SBR 0307145)ADJ5714365In this case, Anastasia Jenkins was granted a settlement of $88,784.83 for an industrial injury to his neck, back, shoulder and upper extremities while working as a manager during the cumulative trauma period ending December 2001. The California Insurance Guarantee Association (CIGA) petitioned for reconsideration of the October 5, 2010 Findings and Award of the workers' compensation administrative law judge (WCJ) who found in pertinent part that Pinnacle Lien Services (Pinnacle) "was not precluded from representing" lien claimants Oracle Imaging (Oracle), N-Care, and Nations Surgery Center (Nations) on their lien claims, and issued an
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ4357722
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