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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ2178733 (BAK 0154115)
Regular
May 27, 2014

LIDIA BUENO vs. RAVILA FARM LABOR SERVICES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This case involves a lien claimant, Biocare RX Specialty Pharmacy, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB). Biocare argued the dismissal was erroneous because it had not yet filed a lien. The WCAB granted reconsideration, rescinding the dismissal order. The Board found it lacked jurisdiction to dismiss a lien that had not been filed and that Biocare was improperly dismissed for non-appearance at a lien conference for which it received no notice.

Lien claimantPetition for ReconsiderationOrder to Dismiss LiensWCJBiocare RX Specialty PharmacyElite Lien Servicesjurisdictionfiled lienLabor Code section 4903.5industrial injury
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
References
Case No. ADJ7993724
Regular
Sep 23, 2013

MIGUEL YAGUAS vs. INLAND LANDSCAPE MAINTENANCE, INC.; FIRSTCOMP INSURANCE AGENCY for ENDURANCE INSURANCE

In this workers' compensation case, the defendant, Inland Landscape Maintenance, Inc., sought to remove the assigned administrative law judge (ALJ). The defendant argued that the ALJ's refusal to dismiss seven liens due to non-payment of a $150 filing fee prejudiced their case. However, the Workers' Compensation Appeals Board (WCAB) denied the petition for removal. The WCAB found the petition failed to meet the legal requirements for disqualification and adopted the ALJ's report. The ALJ concluded that dismissing "invalid" liens, as defined by statute for failure to pay the fee, was unnecessary as they could be refiled correctly.

Petition for RemovalWCABdisqualificationCalifornia Code of RegulationsLabor Code Section 4903.05(c)lien filing feeinvalid lienEAMSlien conferenceAdministrative Law Judge
References
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
Case No. ADJ6834877
Regular
Dec 22, 2014

EUSTELIO TELLEZ vs. BORDIERS NURSERY, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Liening Edge, Inc. on behalf of lien claimant Metrics Medical Group. The petition was denied on the merits due to Liening Edge and its "Director of Operations" lacking standing as they were not the official representative of record for Metrics Medical Group. Although the verification technically complied with Labor Code section 5902, the Board adopted the Workers' Compensation Judge's report, which detailed the lien claimant's failure to appear at scheduled hearings and their subsequent improper petition. Therefore, reconsideration was denied and the original decision imposing costs and sanctions was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStandingRepresentative of RecordMetrics Medical GroupLiening EdgeMedical Lien ManagementLabor Code Section 5902Findings and Order
References
Case No. ADJ7946280
Regular
Aug 28, 2013

SANDRA HOPKINS vs. TJ MAXX, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim with prejudice. The lien claimant failed to pay the lien filing fee required for liens filed on or after January 1, 2013, rendering the lien invalid by operation of law, not grounds for dismissal with prejudice. The matter is returned to the WCJ to consider sanctions against the lien claimant for potential bad faith regarding the fee payment or failure to file necessary documentation.

Lien activation feePhysician Funding SolutionsLandmark Medical ManagementPetition for ReconsiderationOrder Dismissing Lien ClaimWCJLabor Code section 4903.06Labor Code section 4903.05invalid lienoperation of law
References
Case No. ADJ6566169
Regular
Feb 18, 2014

DAMING CAO vs. PRIME WHEEL CORP., PACIFIC COMPENSATION INSURANCE CO.

This case involves a lien claimant whose lien was dismissed for failure to pay an activation fee and appear at a conference. The lien claimant had settled its claim with the defendant the day prior and withdrawn its lien. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision was based in part on a preliminary injunction enjoining enforcement of lien activation fee provisions, as well as the lien claimant's timely settlement notification.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceSettlement AgreementLabor Code section 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRule 10770Lien Resolution
References
Case No. ADJ7324743
Regular
Sep 13, 2013

DIANA GARCIA vs. USA STAFFING INC., INTERCARE

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration of an order dismissing a lien claim. The lien claimant, Dr. Ashden, failed to pay the required lien activation fee before the commencement of the lien conference. The WCAB found this dismissal mandatory under statute and precedent, and ignorance of the law was not a valid excuse. Therefore, the lien was dismissed for failure to comply with the statutory fee requirement.

Lien activation feePetition for ReconsiderationFigueroa en bancCalifornia Code of Regulations title 8 section 10848Lien claimantOrder Dismissing Lien ClaimWorkers' Compensation Appeals BoardLabor Code section 4903.06Lien conferenceCompromise and Release
References
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