[Download] "Koszdin v. State Compensation Insurance Fund" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Koszdin v. State Compensation Insurance Fund
- Author : Colorado Supreme Court
- Release Date : January 06, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
Appellants Kenton Koszdin and Gilbert Lipman (collectively "Appellants") appeal from the trial courts judgment of dismissal following the sustaining of a demurrer for lack of subject matter jurisdiction. Appellants are attorneys who represented injured workers in proceedings before the Workers Compensation Appeals Board (WCAB). In six related class action complaints, they alleged that respondent employers and insurers (collectively "Respondents") failed to pay them and the putative class interest owed on attorney fee awards issued by the WCAB. In their joint demurrer to the complaints, Respondents argued that Appellants lacked standing to pursue claims for interest because the right of recovery belonged solely to the injured workers, and that the trial court lacked jurisdiction to grant the relief requested because the WCAB awards at issue did not provide for the payment of interest. We conclude that, under the relevant provisions of the Workers Compensation Act (Lab. Code, 3200 et seq.), Appellants have standing to seek interest on the attorney fees awarded directly to them by the WCAB; however, the trial court lacks jurisdiction to entertain the claims for unpaid interest where the WCAB did not expressly order the payment of interest in its attorney fee awards. We therefore affirm the trial courts judgment dismissing the actions with prejudice.