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

Case No. ADJ7014717
Regular
Jul 18, 2013

JORGE RIZO vs. JOEL FISCHER CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

This case concerns defendant Joel Fischer Construction's petition for removal concerning several lien claimants. The primary issue is whether the lien claimants failed to pay the required lien activation fee under Labor Code section 4903.06. The Workers' Compensation Appeals Board (WCAB) found that none of the listed lien claimants provided proof of payment for the activation fee. Consequently, the WCAB granted the petition for removal and dismissed all listed liens with prejudice for failure to comply with the statutory fee requirement.

Lien activation feePetition for removalDismissal with prejudiceLien conferenceLabor Code section 4903.06Compromise and ReleaseMedical-legal expensesCopy service expensesProof of paymentAppeals Board en banc
References
2
Case No. ADJ8807200
Regular
Oct 24, 2014

RAFAEL ANGUIANO vs. NICK'S CABINET DOORS, ZURICH NORTH AMERICAN INSURANCE

This case involves a defendant's unverified Petition for Removal challenging a WCJ's order denying dismissal for lack of prosecution. The Appeals Board dismissed the defendant's petition due to the unverified filing. However, the Board granted removal on its own motion, rescinded the WCJ's prior order, and returned the case to the trial level. This action was taken because neither the applicant's attorney's objection nor the defendant's Declaration of Readiness to Proceed effectively activated the case for the purpose of avoiding dismissal under Rule 10582.

Petition for RemovalLack of ProsecutionRule 10582Declaration of Readiness to ProceedPetition to DismissNotice of Intention to DismissVerification DefectUnverified PetitionRescinded OrderReturned to Trial Level
References
2
Case No. ADJ2923102 (SAC 0263105) ADJ803672 (SAC 0294824)
Regular
Dec 18, 2013

SOFIEA SANDERS YOUNG (Deceased) vs. FOUNDATION HEALTH SYSTEMS, CALIFORNIA COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior finding that a lien claimant was not barred from proceeding for failure to pay a lien activation fee. This decision was based on a federal court injunction temporarily halting enforcement of the lien activation fee provisions. The case is returned to the WCJ for further proceedings consistent with this opinion.

Petition for RemovalLien Activation FeeLab. Code § 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRescindDecision After RemovalWCJLien ClaimantFindings and Order
References
1
Case No. ADJ3016059 (SFO 0479940)
Regular
May 13, 2014

SCOTT SATTLER vs. STAR HR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for removal, vacating a scheduled lien trial. The defendant argued the trial judge lacked authority to set a hearing for a lien previously dismissed with prejudice for failure to timely pay the activation fee. The Board agreed that proceeding with the trial would cause irreparable harm, as the lien was already finalized and dismissed before a federal injunction affected lien activation fee collection. Therefore, the lien trial was ordered vacated.

Petition for RemovalLien TrialDismissed with PrejudiceLien Activation FeeIrreparable HarmFinal OrderLabor Code section 4903.06Angelotti Chiropractic v. BakerWCJ AuthorityStanding
References
2
Case No. ADJ1979366 (SBR 0335915) ADJ4029179 (SBR 0335933)
Regular
Sep 25, 2013

MARY PENA vs. FRITO LAY, ACE AMERICAN INSURANCE

This case concerns the dismissal of liens for failure to timely pay activation fees. The defendant argued that liens from Vasquez Vocational Experts and JAM Medical Equipment should have been dismissed at a lien conference due to non-payment of the activation fee prior to the scheduled conference. While the WCJ did not dismiss the liens, the Appeals Board granted the defendant's petition for removal. The Board found that both lien claimants failed to comply with Labor Code section 4903.06(a)(4), as JAM paid after the conference began and Vasquez paid months later. Consequently, the liens of Vasquez Vocational Experts and JAM Medical Equipment were dismissed with prejudice.

Petition for RemovalLien TrialLien ConferenceLien Activation FeeLabor Code Section 4903.06(a)(4)Dismissal with PrejudiceVasquez Vocational ExpertsJAM Medical EquipmentFigueroa v. B.C. Doering Co.Declaration of Readiness to Proceed
References
2
Case No. MISSING
Regular Panel Decision

Feher Rubbish Removal, Inc. v. New York State Department of Labor

The appellate court addressed appeals by the New York State Department of Labor (DOL) concerning judgments that annulled the DOL's determination that prevailing wages must be paid by Feher Rubbish Removal, Inc. and Syracuse Haulers Waste Removal, Inc. for refuse collection, specifically questioning if this applied to private buildings. The court first clarified that the actions were purely for declaratory judgment, not CPLR article 78 proceedings to annul determinations. Interpreting Labor Law § 231 (1), the court found that its plain language and legislative intent did not limit its application to public buildings. Consequently, the court concluded that employers are indeed obligated to pay prevailing wages to employees collecting garbage or refuse from both public and private buildings under municipal contracts. The judgments of the lower court were modified, and declarations were amended to reflect this obligation.

Prevailing WageLabor LawStatutory InterpretationPublic WorksBuilding Service WorkGarbage CollectionRefuse RemovalMunicipal ContractsDeclaratory JudgmentAppellate Review
References
14
Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
Case No. ADJ8340798
Regular
Dec 31, 2013

KENNETH BERGQUIST vs. CONAM MANAGEMENT CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

This case involves a petition for removal regarding sanctions imposed for failure to pay a lien activation fee. The Appeals Board dismissed the removal petition, stating reconsideration is the proper remedy. However, construing the petition as one for reconsideration, the Board granted it. The Board rescinded the sanctions order due to uncertainty regarding a federal court injunction on the lien activation fee provisions. The matter was returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsLien Activation FeeLabor Code Section 4903.06Labor Code Section 5813Angelotti Chiropractic v. BakerPreliminary InjunctionRescinded Order
References
1
Case No. ADJ8189296
Regular
Dec 31, 2013

EXTRAIN QUINTANA vs. RANCHO GRANDE SUPERMARKET, NORTH RIVER INSURANCE CO. by CRUM & FORSTER

This case involves a petition for removal challenging an order for sanctions against a lien claimant for failing to pay a lien activation fee. The Appeals Board dismissed the petition for removal, finding reconsideration to be the proper avenue. However, construing the petition as a request for reconsideration, the Board granted it. The Board rescinded the sanctions order due to uncertainty regarding a federal injunction impacting the lien activation fee provisions and remanded the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsLien Activation FeeLabor Code section 4903.06Labor Code section 5813Preliminary InjunctionAngelotti Chiropractic v. BakerFederal Court Injunction
References
1
Case No. ADJ7505380
Regular
Dec 31, 2013

MARIA ARANGURE vs. SUDA, INC.; THE HARTFORD

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board dismissed a Petition for Removal and denied a Petition for Reconsideration filed by Landmark Medical Management on behalf of lien claimant MedRx Funding. MedRx Funding was sanctioned by the WCJ for failing to pay a lien activation fee, filing a Declaration of Readiness prematurely while the underlying case was unresolved, and filing a false declaration under penalty of perjury. While an injunction temporarily impacted the sanction for the activation fee, the Board found the other actions egregious enough to uphold the sanctions. The Board clarified that the proper procedural remedy for the sanctions order was reconsideration, not removal.

Petition for RemovalPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJLien ClaimantLandmark Medical ManagementMedRx FundingLabor Code Section 5813Labor Code Section 4903.06Declaration of Readiness to Proceed
References
1
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