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

Case No. ADJ2200491 (OXN 0142346)
Regular
Aug 23, 2010

MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.

Workers' Compensation Appeals BoardReconsiderationLien DismissalLien ConferenceCompromise & ReleaseIndustrial InjuryLumbar SpineMedical TreatmentCompound MedicationsDeclaration of Readiness to Proceed
References
Case No. ADJ414920
Regular
Jul 23, 2014

LUIS VALENCIA vs. AMERICAN PRINTWORKS, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's petition for reconsideration of an order dismissing their lien claim. The claimant failed to appear at a scheduled lien conference and did not respond to a subsequent Notice of Intention to Dismiss. The Workers' Compensation Appeals Board denied the petition, finding the claimant had multiple opportunities to be heard and address their alleged inadvertence. Relief was denied as the dismissal was not a default judgment, and the claimant forfeited their right to relief under Code of Civ. Proc. § 473.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantOrder DismissingCode of Civ. Proc. § 473Notice of Intention to DismissDefault JudgmentWCJ ReportDeclaration of Readiness to ProceedLien Conference
References
Case No. MISC. 251
En Banc
Jul 08, 2008

Ramon B. Pellicer vs. State Bar of California

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney hearing representative due to his prior disciplinary record with the State Bar, affirming that disbarred attorneys are precluded from practicing law in any capacity before the WCAB.

WCABPetition to PracticeHearing RepresentativeInvoluntary Inactive EnrollmentState Bar ActRules of Professional ConductDefaultDisciplinary ChargesPractice of LawDefrocked Attorney
References
Case No. ADJ2769266
Regular
Jul 12, 2013

ROBERT HO vs. JMC MOTORS, SENTRY CLAIMS SERVICE

The Appeals Board rescinded the dismissal of Robert Ho's workers' compensation case, finding his response while incarcerated provided good cause not to dismiss. The dismissal order was based on lack of prosecution, but the Board determined the applicant's communication and subsequent Petition for Reconsideration raised valid issues. Although the applicant's attorney exhibited neglect in responding to dismissal notices, the Board returned the case to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of Prosecution30-day letterPetition to DismissMinutes of HearingNotice of Intention to DismissCumulative PeriodNervous System Injury
References
Case No. ADJ2304167 (LAO0839866)
Regular
Jan 24, 2012

Jose Saucedo vs. COUNTY OF LOS ANGELES, USC MEDICAL CENTER

In *Saucedo v. County of Los Angeles*, the Workers' Compensation Appeals Board affirmed an order setting aside a case dismissal. The dismissal occurred due to the applicant's failure to appear at a hearing and subsequent lack of objection within the allotted time. However, the applicant later filed a Declaration of Readiness to Proceed, which the judge treated as a timely petition for reconsideration. The Board found this action permissible under equitable powers to favor a hearing on the merits, upholding the applicant's right to litigate his claim.

Declaration of ReadinessOrder Setting Aside DismissalWCJPetition for ReconsiderationOrder of DismissalFailure to AppearTimely ObjectionEquitable PowersDefault*Propria Persona*
References
Case No. ADJ4245109 (LAO 0843613) ADJ2813618 (LAO 0843614)
Regular
May 14, 2012

CHERRY CASTILLO vs. E. P. O'DONNELL MEDICAL CLINIC, UNINSURED EMPLOYERS BENEFIT TRUST FUND

This case involves a petition for reconsideration filed by lien claimant, Downey Orthopedic Medical Group, after their lien was dismissed. The administrative law judge dismissed the lien because the lien claimant's representative attended a lien trial but failed to present any evidence or engage with the court. The Workers' Compensation Appeals Board denied the petition, adopting the judge's reasoning that the lien claimant had an opportunity to present their case and failed to do so. The Board also admonished the representative for improper identification and unauthorized practice of law, threatening future sanctions.

Lien DismissalPetition for ReconsiderationWorkers' Compensation Appeals BoardUninsured Employers Benefit Trust FundLien ClaimantHearing RepresentativeDue ProcessDefaultNotice of Intent to DismissCalifornia Code of Regulations
References
Case No. ADJ3152876 (LBO 0386375)
Regular
Mar 17, 2011

RENEE LEONARD vs. DISNEYLAND

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was untimely. The petition was filed over six months after the applicant's compromise release was served, exceeding the 20-day limit. Furthermore, the petition lacked a required verification and failed to demonstrate service on all adverse parties, specifically the applicant. The Board would have also denied the petition on its merits if not for these procedural defects.

Petition for ReconsiderationLien ClaimantAttorney's FeeUntimely FilingVerification DefectProof of ServiceAdverse PartiesWCAB JurisdictionLabor CodeWorkers' Compensation Appeals Board
References
Case No. ADJ3359609
Regular
Jun 30, 2009

PEDRO PABLO ROMERO vs. MOTA LANDSCAPING, NATIONAL LIABILITY & FIRE INSURANCE CO.

This case concerns a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant argued the dismissal order was procured by fraud due to improper service and lack of notice. The Appeals Board found that service of the dismissal order was indeed defective, making the petition for reconsideration timely. However, despite considering the petition, the Board denied it, concluding the lien claimant failed to show good cause for multiple missed hearings. Therefore, the lien was appropriately dismissed due to the claimant's repeated failures to appear.

Lien claimantPetition for ReconsiderationOrder Dismissing LienWCJDue processService of processOfficial Address RecordDeclaration of Readiness to ProceedMandatory Settlement ConferenceGood cause
References
Case No. ADJ2832796 (SAC 0362707) ADJ1414613 (SAC 0362718)
Regular
Mar 15, 2011

DANIEL WALTERS vs. HOLLAND CUSTOM IRON WORKS, INC., CALIFORNIA INSURANCE COMPANY

This case concerns whether an employer, Holland Custom Iron Works, Inc., had workers' compensation insurance coverage on August 16, 2006, following a notice of cancellation for non-payment. The Appeals Board affirmed an arbitrator's finding that coverage existed, relying on equitable estoppel and the ambiguity of the cancellation notice. The insurer's contention that coverage was contingent on a "gap premium" payment was rejected as exceeding the arbitrator's authority. The Board's decision clarifies that the payment made by the employer was sufficient to rescind the cancellation.

Gap premiumequitable estoppelworkers' compensation insurance coveragecancellation noticerescissionarbitration rulingpayment ambiguityrelianceambiguous languagemonetary default
References
Case No. ADJ9489720
Regular
Nov 29, 2017

MARGOTH ROJOP vs. CONTINENTAL PROCESSORS, INC., HARTFORD UNDERWRITERS INSURANCE CO.

In this workers' compensation case, the Appeals Board granted reconsideration of an order dismissing lien claimant Advance Care Specialist Medical Clinic's lien. The majority affirmed the WCJ's dismissal, finding the lien claimant's representative's explanation for failing to appear at a hearing insufficient. However, one Commissioner dissented, arguing that relief should be granted to allow a hearing on the merits, citing precedent from *Fox v. Workers' Compensation Appeals Board*. The dissenting Commissioner also suggested imposing sanctions on the lien claimant's representative for their unsatisfactory explanation for the absence.

WORKERS' COMPENSATION APPEALS BOARDLIEN CLAIMANTPETITION FOR RECONSIDERATIONORDER DISMISSING LIENWCJREPORT AND RECOMMENDATIONAFFIRMDISSENTING OPINIONCODE OF CIVIL PROCEDURE SECTION 473RELIEF FROM DEFAULT
References
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