The trial court convicted the defendant, Ian Czirban, of Czirban Concrete Construction, of procuring or offering a false or forged instrument; tax evasion; failure to collect, account for, or pay taxes; and misdemeanor failure to secure payment of workers’ compensation insurance. The defendant, who received a suspended sentence, was placed on felony probation for three years.
While the defendant’s conviction appeal was pending, the trial court tackled the matter of victim restitution. The Workers’ Compensation Appeals Board issued an order approving a compromise and release, based on a compromise and release agreement’s terms, and found the settlement reasonable and fair.
As a condition of probation, the trial court ordered the defendant to pay $70,667.56 as victim restitution to the deceased’s partner, who was the mother of their two children. The defendant appealed this order.
The California Court of Appeal for the Sixth District subsequently reversed the trial court’s restitution order and its award of $22,485.13 in interest. The appellate court remanded the matter to the trial court for a recalculation of interest.
According to the appellate court, while it had fundamental jurisdiction over the restitution order, it did not have the authority to review the Appeals Board’s decision to approve the deduction of attorney fees from the settlement.