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Case No. ADJ1675562
Regular
Feb 11, 2013

HECTOR ALVAREZ vs. WALL DESIGN, INC., METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Caremedics, represented by Pinnacle Lien Services. The Board adopted the WCJ's report, which found Caremedics' lien was properly dismissed due to its failure to appear at a trial, a dismissal also upheld by a subsequent Notice of Intention to Dismiss. The Board also declined to rule on sanctions at this time, noting that jurisdiction was reserved for the trial level to address penalties for non-appearance. Caremedics' arguments for excusing their absence, including mis-calendaring, were deemed insufficient.

Petition for ReconsiderationLien ClaimantDismissal of LienFailure to AppearWCAB Rule 10562(e)(1)SanctionsLabor Code Section 5813Code of Civil Procedure Section 473Skeletal PetitionPinnacle Lien Services
References
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