Girardi & Keese, Angelus Block Company, Inc.; Integrated Claims Miguel Guzman (deceased) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL GUZMAN (Deceased), Applicant,vs.GIRARDI & KEESE, ANGELUS BLOCK COMPANY, INC.; INTEGRATED CLAIMS, Defendants.Case No. ADJ7675972 (Van Nuys District Office) OPINION AND DECISION AFTER RECONSIDERATION On June 29, 2012, we granted defendant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Miguel Guzman, while employed on June 10, 2005, by Angelus Block (defendant), sustained an industrial injury resulting in his death. Defendant paid the statutory death benefit, $125,000.00, to Guzman’s dependents. Guzman’s family and estate (plaintiffs) then filed a third-party action against Columbia Machine. Defendant filed a lien in that action pursuant to Labor Code section 3856(b).1 The third-party action was settled for $445,000.00, with $125,000.00 withheld pending determination of the exact amount to which defendant is entitled in reimbursement of its lien. Plaintiffs filed an action for declaratory relief in Superior Court for determination of defendant’s relative culpability, which would affect the amount of reimbursement defendant is entitled to receive, if any. Defendant filed a motion for judgment on the pleadings. On May 3, 2011, the Court granted the motion and held that defendant was entitled to have its liability adjudicated before the Workers’ Compensation Appeals Board. Apparently, that decision has not been appealed, and it is final. At a hearing at the WCAB on April 11, 2012, the workers’ compensation administrative law 1 Unless otherwise specified, all statutory references are to the Labor Code. , judge (WCJ) took the case off calendar, stating: “The defendant indicates they have already paid the workers’ compensation death benefits in this matter
