Midas Recovery Servs., Inc. v. Workers' Comp. Appeals Bd.

Introduction

Petitioner, Midas Recovery Services, Inc., seeks a writ of review from the findings and award and order of a workers’ compensation judge determining that petitioner, a lien claimant seeking reimbursement for disability benefits paid to an injured worker, was not entitled to the benefit of the provisions of Labor Code section 4661.5. Petitioner also seeks review of the order of the Workers’ Compensation Appeals Board denying its petition for reconsideration. We find that the order of the workers’ compensation judge and the board’s order denying reconsideration were in error. Having issued a writ of review, we now annul the decision of the board.

Factual and Procedural Background

Lavell Crawford sustained psychiatric and other injuries during the period of October 1989 to October 1990 in the course and scope of his employment by California Federal Bank. It was later stipulated by the parties that he was temporarily totally disabled from March 24, 1991, to August 10, 1992. However, when Crawford filed a claim for benefits in November 1990, the claim was denied by his employer. The employer, through its insurance company CNA Insurance Companies, did not pay…