Astro Business Solutions, Inc.; Canon Usa; Yasuda Fire & Marine Insurance Shahin Motallebi WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHAHIN MOTALLEBI, Applicant,Vs.ASTRO BUSINESS SOLUTIONS, INC.; CANON USA; YASUDA FIRE & MARINE INSURANCE, Defendant(s). Case No. VNO 368013; VNO 368014; VNO 368015; VNO 368016; VNO 368017; VNO 368018OPINION AND DECISION AFTER RECONSIDERATION The appeals board granted reconsideration to enable us to consider the facts and law of this case. This is our decision after reconsideration. In this case, we find that the Workers’ Compensation Appeals Board (WCAB) does not have jurisdiction to determine an applicant’s liability for repayment of unemployment compensation disability (UCD) benefits that were received from the Employment Development Department (EDD), if the following conditions exist: (1) EDD initially determines that the applicant is not entitled to UCD benefits; (2) EDD enters into an agreement with the applicant to continue benefits during the appeal process, with the further agreement that the applicant will repay the continued benefits if the appeal is unsuccessful; (3) EDD’s determination is upheld by the California Unemployment Insurance Appeals Board (CUIAB); and (4) EDD has not filed a lien claim for the period of continued benefits. , Applicant, Shahin Montallebi, sought reconsideration of the Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) on December 11, 2002, in which the WCJ found that the WCAB does not have jurisdiction to determine applicant’s liability for repayment of UCD benefits that he received from EDD during the period from May 8, 1998 to September 9, 1998. The WCJ further found that EDD is not estopped from seeking repayment of UCD benefits by either the settlement of its lien claim on June 4, 2001, or by its failure to object to the compromise and release agreement between the parties. Applicant contend
