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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7191535

Regular

Jul 08, 2013

WILSON MEDRANO vs. LA CURACAO, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA

This case involves a lien claimant whose lien was dismissed for failing to pay an activation fee for the specific case, despite paying it in a companion case for the same injured worker and services. The Appeals Board granted reconsideration, finding that under Administrative Director Rule 10208, only one activation fee is required when multiple liens are filed for the same worker and services. The Board rescinded the dismissal order and returned the matter for further proceedings.

Workers' Compensation Appeals BoardLien activation feeLabor Code section 4903.06Lien conferenceOrder Dismissing Lien ClaimPetition for ReconsiderationWCJ Report and RecommendationAdministrative Director Rule 10208Companion caseRescind order

References

Case No. ADJ6984259

Regular

Apr 02, 2013

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.

The Workers' Compensation Appeals Board denied reconsideration for lien claimants AIM Radiology, Metrics Medical Group, and Noninvasive Therapeutics. Their liens were dismissed by the WCJ because they failed to pay the required lien activation fee *prior* to the lien conference. The Board found their argument that payment during the conference was sufficient was contrary to Labor Code Section 4903.06(a)(4) and Administrative Director Rule 10208(a). Furthermore, the Board cannot rule on the constitutionality of the statute as Noninvasive Therapeutics argued.

Lien activation feesWCABReconsideration deniedLabor Code Section 4903.06Administrative Director Rule 10208Proof of paymentLien conferenceDismissal with prejudiceConstitutional challengeArticle 14 Section 4

References

Case No. ADJ7921676

Regular

May 21, 2013

JACQUELIN CORONADO vs. LITTLE COMPANY OF MARY HOSPITAL/SEDGWICK

This case involves a denied Petition for Reconsideration by the Workers' Compensation Appeals Board regarding the dismissal of a lien claim. The lien claimant, Tri-City Health Group/Innovative Medical Management, failed to provide proof of payment of the required lien activation fee before the scheduled lien conference, a violation of Administrative Director Rule 10208(a). No evidence was presented to support the claim of an EAMS error preventing timely payment. Consequently, the Board adopted the WCJ's report and denied reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Law JudgeOrder Denying ReconsiderationFigueroa v. B.C. Doering Co.Hearing RepresentativeCompromise and ReleaseAwardDeclaration of Readiness to ProceedLien Conference

References

Case No. ADJ7805804

Regular

Apr 19, 2013

BENITO RODRIGUEZ vs. ET SECURITY, INC., GALLAGHER BASSETT

This case concerns a lien claimant's petition for reconsideration, which the Workers' Compensation Appeals Board denied. The primary issue was the untimely payment of a $100 lien activation fee, required by DWC emergency rule 10208(a) and Labor Code section 4903.06(a)(4). The fee was paid on the day of the lien conference, but after the scheduled 1:30 PM start time, and proof of timely payment was not presented at the conference. The Board affirmed the WCJ's report, adopting its reasoning and denying reconsideration. Additionally, the lien claimant was admonished for filing excess documents in EAMS.

Workers' Compensation Appeals BoardBenito RodriguezET Security IncGallagher BassetADJ7805804Order Denying ReconsiderationDWC emergency rule 10208(a)Lien activation feeLabor Code section 4903(b)Declaration of Readiness to Proceed

References

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WILSON MEDRANO vs. LA CURACAO, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.

JACQUELIN CORONADO vs. LITTLE COMPANY OF MARY HOSPITAL/SEDGWICK

BENITO RODRIGUEZ vs. ET SECURITY, INC., GALLAGHER BASSETT