SHAHIN MOTALLEBI, Applicant,
v.
ASTRO BUSINESS SOLUTIONS, INC.; CANON USA; YASUDA FIRE & MARINE INSURANCE, Defendant(s).
Nos. VNO 368013, VNO 368014, VNO 368015, VNO 368016, VNO 368017, VNO 368018
Workers' Compensation Appeals Board State Of California
March 18, 2003
OPINION
AND DECISION AFTER RECONSIDERATION
MERLE
C. RABINE JUDGE.
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, 19 98 to
September 9, 19 98. 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
contends (1) that the WCJ failed to consider the WCAB's
vesting of full power, authority, and jurisdiction which
arose when EDD filed its Notice of Lien Claim; (2) that the
WCJ's finding that the matter was res judicata after
proceedings before the California Unemployment Insurance
Appeals Board (CUIAB) is not justified because EDD provided
no evidence that applicant was ever served with the reasons
supporting the judge's decision; (3) that the WCJ failed
to address the elements of estoppel; (4) that the finding
that EDD is not estopped from seeking repayment of UCD
benefits is not justified because the compromise and release
provided that EDD's lien and "bills" were part
of the agreement; and (5) that the WCJ failed to consider
whether the benefits were received without fault on the part
of applicant and recovery would be against equity and good
conscience. EDD has filed an answer to the petition for
reconsideration.
Applicant
claimed to have sustained specific and cumulative industrial
injuries to the back, respiratory system, and other body
parts. His claims were resolved by an Order Approving
Compromise and Release (OACR) issued by the WCJ on June 4,
2001, approving the parties' agreement to resolve the
matter by payment of $30,000.00. Defendant further agreed to
pay, adjust, or litigate all outstanding lien claims,
including EDD's lien claim.
EDD
paid applicant UCD benefits from February 24, 1998 through
October 14, 1998. EDD filed a WCAB lien claim only for the
periods of February 24, 1998 to May 7, 1998, and September...
