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

Case No. ADJ601398 (AHM 0120623)
Regular
Jul 23, 2009

PAUL SHANKS vs. COUNTY SANITATION DISTRICT OF LOS ANGELES COUNTY, ADMINISURE

The WCJ's Order of Disallowance did not comply with Rule 10562 because there was no Notice of Intention to Dismiss petitioner's lien. The lien claimant's Petition for Reconsideration is GRANTED and the matter is remanded for further proceedings.

Lien claimReconsiderationDisallowanceOutpatient Spine and Surgery CenterLabor Code $\S$ 4903.5(a)Proof of serviceNotice of Disallowance of Lien ClaimWCJRule 10562Notice of Intention to Dismiss
References
0
Case No. ADJ1632079 (SDO 0352453)
Regular
Jan 28, 2009

ROBERT FERRELL vs. ANDERSON DRILLING, ZURICH NORTH AMERICA

The Appeals Board granted reconsideration, rescinded the WCJ's November 10, 2008 decision, and returned the matter for further proceedings due to non-compliance with Appeals Board Rule 10562 regarding a lien claimant's failure to appear.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAOE/COELabor Code section 5402(c)Medical Treatment LienMandatory Settlement Conference (MSC)Lien ClaimantNotice of Intention to Submit (NIT)Appeals Board Rule 10562
References
0
Case No. VNO 418483
Regular
Sep 05, 2007

SABINA SOLTERO vs. SELECT PERSONNEL SERVICES, ATLANTIC MUTUAL INSURANCE COMPANY

This case involves a lien claimant, SB Surgery Center, seeking reconsideration of the dismissal of its lien claim. The lien was dismissed for failure to appear at a lien conference, and the Appeals Board denied reconsideration, upholding the dismissal. The Board found the dismissal proper under Rule 10562(d)(1) after the claimant failed to present a sufficient objection to the Notice of Intention to Dismiss.

Workers Compensation Appeals BoardLien ClaimNotice of Intention to DismissLien ConferenceObjectionReconsideration DeniedAppeals Board Rule 10562Opinion on DecisionSanctionsLabor Code Section 5813
References
3
Case No. LAO 0796853 LAO 0796854
Regular
May 20, 2008

ELAINE TREVILLISON vs. ST. MARY MEDICAL CENTER LONG BEACH; permissibly self-insured, administered BY SEDWICK CLAIMS MANAGEMENT

This case involves a lien claimant, Dr. Russell Shah/Beach Medical, seeking reconsideration of their disallowed lien. The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge did not follow proper procedure under WCAB Rule 10562(d) when disallowing the lien. The matter is returned to the trial level for further proceedings on the merits of the lien and potential sanctions against the lien claimant for failing to appear at a prior hearing.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to DisallowWCAB Rule 10562Due ProcessPetition for ReconsiderationOrder Re: Disallowance of LienLien TrialSanctionsLabor Code Section 5813
References
0
Case No. ADJ2584805 (ANA 0403479) ADJ3464505 (ANA 0403480)
Regular
Mar 29, 2010

JOSEFINA GUZMAN vs. SUNRISE GROWERS FROZSUN FOODS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of Brito's Transportation's lien. The lien claimant's representative, Pinnacle Lien Services, failed to appear at a lien trial, leading to the initial dismissal. The Board found the dismissal erroneous under Board Rule 10562 and returned the matter for further proceedings. The Board also noted potential violations of notification rules by Pinnacle and suggested the possibility of sanctions against Brito's and/or Pinnacle.

Lien claimantPetition for ReconsiderationAdministrative Law JudgeDismissal with prejudiceCompromise and ReleaseLien trialBoard Rule 10562Rescind dismissalCourt Administrator Rule 10217Sanctions
References
0
Case No. VNO 0402475
Regular
Aug 14, 2008

TOMAS LANDAVERDE vs. SIMON & SIMON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an order disallowing a lien claimant's claim. The original order was based on the lien claimant's failure to appear at a lien trial. The Board rescinded the disallowance order, finding it procedurally defective under California Code of Regulations, title 8, section 10562. The matter was returned for further proceedings, with the Board suggesting the judge consider sanctions against the lien claimant for failing to appear without adequate excuse.

Petition for ReconsiderationOrder Disallowing Lien ClaimLien TrialExcusable NeglectNotice of Intention to DisallowCalifornia Code of RegulationsSection 10562Exceeded JurisdictionDefective ServiceOfficial Address Record
References
1
Case No. ADJ7300335
Regular
Jun 04, 2019

LINDA PAUL vs. ALICE’S PRESCHOOL, NATIONAL LIABILITY & FIRE INSURANCE COMPANY administered by AMERICAN COMMERCIAL

The Workers' Compensation Appeals Board affirmed a judge's order dismissing lien claimant Western Imaging's lien. Western Imaging failed to appear at a lien conference, which the judge dismissed under WCAB Rule 10562. The Appeals Board found that a calendaring error, as claimed by Western Imaging, did not constitute good cause for relief under CCP 473(b), especially given that the representative was present when the hearing was continued. Therefore, the dismissal of the lien claim was upheld.

Lien ClaimantReconsiderationWCJDismissing Lien ClaimWCAB Rule 10562CCP 473(b)Human ErrorCalendaring ErrorGood CauseFox v. Workers' Comp. Appeals Bd.
References
3
Case No. ADJ1070031 (LAO 0817205)
Regular
Aug 10, 2012

JOSE MEDRANO vs. SOO AHN (AN INDIVIDUAL), WARD NORTH AMERICA, CALIFORNIA INSURANCE GUARANTEE ASSOCATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, LEGION INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant failed to appear at a properly noticed lien trial, which is grounds for dismissal under WCAB Rule 10562(e)(1). The petition was further dismissed because it failed to specify which order was being reconsidered and did not identify the specific lien claimant whose lien was dismissed. Additionally, the lien claimant failed to properly serve the defendants with the petition, violating Labor Code section 5905.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantWCJNotice of Intention to DismissCompromise and ReleaseLabor Code Section 5902Labor Code Section 5904Labor Code Section 5905
References
0
Case No. ADJ7083577
Regular
Aug 02, 2012

JULIO BARRERA vs. ZARCOS TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision, returning the case for further proceedings. This action was based on the WCAB's finding that the lien claimant failed to comply with Rule 10562 by not having a person with settlement authority present by telephone during a conference. The WCAB clarified that telephone appearance alone is insufficient; a representative must appear in person or by attorney, and settlement authority must be available. This is not a final decision on the merits, and parties retain rights for future reconsideration.

Workers' Compensation Appeals BoardZarcos TruckingState Compensation Insurance FundADJ7083577Opinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantWCAB Rule 10562
References
1
Case No. ADJ10715097
Regular
Aug 13, 2019

Katherine Sanchez vs. Garage And Lock, LLC, Farmers Insurance Company

The Appeals Board granted reconsideration on its own motion to set aside a prior dismissal. The dismissal occurred when the applicant failed to appear at trial, but her attorney did attend. The administrative law judge conceded error, as dismissal is not permitted under these circumstances per WCAB Rule 10562. Furthermore, the applicant alleged she never received actual notice of trial due to her former attorney's failure to update her address. The Board rescinded the dismissal and returned the case for further proceedings, favoring a hearing on the merits.

Petition to Set Aside DismissalWCJ Order of DismissalFailure to AppearAttorney ErrorChange of AddressActual NoticeTimely Petition for ReconsiderationAppeals Board MotionLabor Code Section 5900(b)Rescind Order of Dismissal
References
1
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