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

Case No. ADJ7921523
Regular
Apr 13, 2017

CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

Removal PetitionLien ClaimantsCriminal IndictmentLabor Code 4615Automatic StayWorkers Compensation FraudPetition for StayWCJ OrderSubstantial PrejudiceIrreparable Harm
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ7860537
Regular
May 05, 2017

RICKY MCNEILL vs. MARINA SHIPYARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order approving a settlement for a medical lien. The defendant argued the lien claimant's provider was indicted for fraud, triggering an automatic stay under Labor Code section 4615. The WCAB found the petition timely and, absent contrary evidence, rescinded the order to allow the trial judge to determine if the stay applies. The matter was returned for further proceedings on the applicability of the statutory stay.

Workers Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimLabor Code Section 4615Automatic StayIndictment for FraudVoid OrderTimeliness of PetitionWCAB Rule 10507Rescind Order
References
Case No. ADJ9455744
Regular
Aug 21, 2018

ALEJANDRO ROMERO vs. NORMAC KITCHENS, STATE COMPENSATION INSURANCE FUND

The WCAB granted Mesa Pharmacy's Petition for Removal, finding the WCJ erred by automatically staying Mesa's lien based on a stipulation in a separate case. The Board determined Mesa has a due process right to argue the applicability of Labor Code section 4615 to its lien, even if it stipulated to the stay elsewhere. The matter was returned to the trial level for further proceedings consistent with a prior consolidation order addressing common issues regarding the section 4615 stay and Mesa Pharmacy's liens.

RemovalPetition for RemovalLien ClaimantLabor Code Section 4615Automatic StayDue ProcessStipulationMaster FileConsolidationCriminal Charges
References
Case No. ADJ9655611
Regular
Feb 14, 2020

JOAQUIN MUNOZ vs. MALENI TACUBA DOMINGUEZ, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision awarding a lien for medical services provided by Dr. Schroeder. The defendant sought reconsideration, arguing Dr. Schroeder should be suspended from the workers' compensation system due to prior Medi-Cal suspension and prohibition from QME appointments. The WCAB found it lacks jurisdiction to suspend providers; that authority rests with the Administrative Director. Furthermore, the WCAB noted no evidence was presented that Dr. Schroeder had been criminally charged or suspended by the Administrative Director, nor that his lien was automatically stayed under relevant statutes.

Workers' Compensation Appeals BoardReconsiderationLien ClaimDWC-1 claim formDenial of claimLabor Code Section 139.21Suspension from Medi-CalAdministrative DirectorFraud or abuseMedical-legal services
References
Case No. ADJ9668991
Regular
Dec 22, 2017

SALVADOR VARGAS, vs. EXCEL STAFFING, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION

The Appeals Board dismissed the defendant's Petition for Reconsideration of an order vacating a Notice of Intent to dismiss a lien, finding it was not a final order. The Board granted the Petition for Removal, rescinded the September 29, 2017 order, and returned the matter to the trial level. This action was taken because the lien had already been dismissed by a prior order on August 15, 2017, making the subsequent order to vacate it erroneous. However, the Board noted the lien claimant's assertion of an automatic stay under Labor Code section 4615 due to alleged fraud charges, which, if proven, would render the August 15, 2017 dismissal void.

Salvador VargasExcel StaffingSoutheast Personnel LeasingState National Insurance CompanyPackard Claims AdministrationCalifornia Imaging Beverly HillsWCABPetition for ReconsiderationPetition for RemovalOrder Dismissing Lien
References
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
Case No. ADJ6835156
Regular
Apr 13, 2018

ANA RIVERA vs. PHARMAVITE, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a defendant's petition for reconsideration of a stipulation approving a lien payment. The defendant claimed the stipulation was invalid because the lien was subject to a stay under Labor Code § 4615, which they were unaware of at the time. The Board dismissed the petition, ruling that the defendant should have first presented this issue, including evidence regarding the stay, to the Workers' Compensation Judge (WCJ). The defendant is now directed to seek a hearing before the WCJ to determine the applicability of the stay and the validity of the stipulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimantLien ClaimantLabor Code Section 4615Automatic StayCriminal ChargesFraudWCJTrial Level
References
Case No. ADJ9379743, ADJ9133071
Regular
Oct 23, 2017

SHERRY ARELLANES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) granted removal to the lien claimant, Firstline Health, regarding a WCJ's order staying its lien under Labor Code section 4615. The WCAB found the WCJ's initial factual findings regarding the stay were not supported by substantial evidence. While the WCAB rescinded those specific findings, it affirmed the WCJ's decision to set a new hearing to allow for evidence on whether Firstline's lien was filed "on behalf of" an indicted provider. The fundamental question remains whether the lien implicates the section 4615 stay, requiring further evidence.

Labor Code section 4615Petition for RemovalLien claimantWorkers' compensation fraudIndictmentMedical providerAutomatic stayDisposition of criminal proceedingsSubstantial evidenceOwnership documentation
References
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
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