Williams v. Workers' Compensation Appeals Board

We review a decision of the Workers’ Compensation Appeals Board (Board) after reconsideration in which the Board ordered payment of $7,060 to applicant’s landlord, lien claimant Kenneth A. Hilton, from applicant’s workers’ compensation award of $12,000. Applicant has petitioned for a writ of review, contending that the order violated Labor Code sections 4901 and 4903 and that the Board failed to comply with Labor Code section 5908.5. We have concluded that the order allowing the lien claim in the amount of $7,060 violated Labor Code sections 4901 and 4903. We therefore annul the Board’s decision and remand the matter to the Board with directions.

Factual and Procedural Background

Applicant, Alice S. Williams, born January 5, 1965, was employed by the House of Ruth, Inc. (House of Ruth), insured by National American Insurance Company of California, as a counselor and relief staff supervisor at a shelter for battered women from June 1983 to August 1986. On August 22, 1986, applicant was working alone at the shelter in the evening when an intruder entered through a window and attacked her. Applicant resisted the *585 intruder and obtained police assistance. In seeking…