Cal. Correctional Peace Officers Assn. v. Workers' Comp. Appeals Bd.

Filed 1/5/22 Certified for Publication 1/28/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

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CALIFORNIA CORRECTIONAL PEACE C093293

OFFICERS ASSOCIATION BENEFIT TRUST

FUND et al., (WCAB Nos.

ADJ9260421,ADJ8750255)

Petitioners,

v.

WORKERS’ COMPENSATION APPEALS BOARD

et al.,

Respondents.

Petitioner California Correctional Peace Officers Association Benefit Trust Fund (CCPOA) paid money pursuant to its disability policy to real party in interest David Martin Jr., a CCPOA member, after he filed a workers’ compensation claim for injuries sustained while working as a correctional officer. CCPOA subsequently filed a lien against the prospective workers’ compensation award for the sum it paid. It was represented in the workers’ compensation proceedings by petitioner Dan Escamilla, a

1 non-attorney appearing pursuant to Labor Code section 5700.1 After Martin’s attorney petitioned for costs and sanctions against CCPOA and Escamilla for alleged misbehavior during proceedings on Martin’s claim, CCPOA withdrew the lien. Escamilla…