Benchmark Insurance has filed a lawsuit against an individual, seeking reimbursement for workers' compensation benefits paid following a dog attack incident. The complaint was lodged by Benchmark Insurance on April 15, 2025, in the Superior Court of California, County of Ventura, targeting Sam Khing Seng as the defendant.
The case revolves around an unfortunate event that occurred on December 4, 2023. Kamal Singh, an employee of Divine Care Home Health Services, Inc., was viciously attacked by a dog while performing his duties at the premises located at or near 4205 South C Street, Oxnard, CA. The dog belonged to the defendant and allegedly had a known vicious nature. Benchmark Insurance claims that due to this attack, they were obligated to pay workers' compensation benefits to Singh and are now seeking subrogation reimbursement from Seng and other unnamed defendants referred to as DOES 1 through 20.
Benchmark Insurance accuses Seng and the unnamed defendants of negligence and strict liability. They argue that the defendants failed to restrain the dog properly or take necessary precautions to prevent such an attack. "Plaintiff is informed and believes...that each defendant owned an unidentified breed of dog...that caused the injuries alleged herein," states the complaint. The insurance company asserts that this negligence directly resulted in Singh's injuries and their subsequent financial obligations under California's Workers' Compensation Laws.
In their legal filing, Benchmark Insurance seeks reimbursement for all workers' compensation benefits paid or payable to Singh. They also request prejudgment interest, costs incurred during the suit, and any additional relief deemed appropriate by the court. The lawsuit highlights sections from California’s Labor Code §§3852 - 3856 and Insurance Code §11662 as part of their legal basis for subrogation rights.
Representing Benchmark Insurance is Tyrone Matthews from Matthews Law Group, P.C., based in San Diego. The case is filed under Case No.: 2025CUPPO42629 in front of Ventura Superior Court judges.