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

Case No. ADJ1515176 (AHM 0150456)
Regular
Jan 20, 2012

TERESA AVINA vs. TACO BELL, YUM! BRANDS, ACE AMERICAN INSURANCE administered by GALLAGHER BASSETT

Both Defendant and Lien Claimant petitioned for reconsideration of the WCJ's decision. The Defendant argued that costs awarded to the Lien Claimant for appearing on May 12, 2011, were unsubstantiated and that their request to remove the trial from the calendar was made in good faith. The Lien Claimant argued for an earlier start date for penalties and interest due to an alleged EAMS error. The Appeals Board granted both petitions, amending the award to defer the issue of costs for the May 12, 2011 appearance and deferring the effective date of interest accrual, returning the case for further proceedings.

WCABPetition for ReconsiderationLien ClaimantDeclaration of Readiness (DOR)Labor Code section 5813CostsInterestEAMSTrial BriefFindings & Award & Order (F&A)
References
5
Case No. RIV 054592
Regular
Nov 16, 2007

LOURDES CERVANTES vs. CARL'S JR. ENTERPRISES, ST. PAUL'S TRAVELERS INSURANCE

The Appeals Board granted reconsideration of a prior award, amending it to defer the issue of applicant's attorney's fees from EDD's lien recovery. This was due to the WCJ failing to issue a Notice of Intention to award such fees, violating EDD's due process rights. The Board also deferred the issue of whether EDD is entitled to interest on its lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings Award and OrderTemporary disability indemnityAttorney's feesLabor Code section 4903.2Notice of Intention (NIT)Unemployment Insurance Code section 2629.1(e)Industrial injury
References
0
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ3325525
Regular
Sep 12, 2008

RODOLFO SALAZAR vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ's decision to delete Findings of Fact Numbers 6 through 9, to add a new Finding of Fact Number 6 deferring the issues of TD, applicant's average weekly wage and the EDD lien, and to delete paragraphs C and D of the Award. The issues of temporary disability, applicant's average weekly wage and EDD's lien are deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityAverage Weekly WageEmployment Development DepartmentState Disability BenefitsIndustrial InjuryApplicantDefendant
References
0
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
5
Case No. ADJ2423224 (MON 0355228) ADJ4514058 (MON 0355229)
Regular
Oct 02, 2012

EDWARD BONILLAS vs. STUDIO MANAGEMENT SERVICES, INC., ZENITH INSURANCE COMPANY, US FIRE INSURANCE COMPANY

This case involves a dispute over an Employment Development Department (EDD) lien in a workers' compensation claim for cumulative trauma to the applicant's lumbar spine and psyche. The original award found the applicant permanently disabled and entitled to benefits, but failed to address the EDD lien for temporary disability payments made during a period where the defendant had already paid 104 weeks of temporary disability indemnity. The Workers' Compensation Appeals Board granted reconsideration to address the unresolved EDD lien issue. The Board determined that the WCJ's rationale for disallowing the lien was legally insufficient and deferred the issue for further proceedings, ordering the defendant to reserve funds for the lien.

Workers' Compensation Appeals BoardCumulative trauma injuryLumbar spine injuryPsyche injuryHVAC installerTemporary disabilityPermanent disabilityEDD lienReconsiderationJoint Findings and Award
References
0
Case No. ADJ8861723
Regular
Aug 27, 2018

ARACELI FLORES vs. VALLARTA SUPERMARKETS/SANTA ISABEL ENTERPRISES, CLAREDON INSURANCE

Lien claimant Mesa Pharmacy sought removal of a WCJ's order that deferred the critical issue of whether its lien was stayed under Labor Code § 4615. Mesa argued this denial of due process and prejudicially delayed adjudication of its lien. The Appeals Board granted removal, rescinded the WCJ's findings, and returned the matter for proceedings consistent with a prior consolidation order. This consolidation addressed common issues regarding Mesa Pharmacy's liens and potential stays under § 4615 due to criminal proceedings against related parties.

Petition for RemovalLien ClaimantLabor Code Section 4615Stayed LienCriminally Charged ProviderDue ProcessConsolidated CasesMaster FileWCJOrder of Consolidation
References
1
Case No. MISSING
Regular Panel Decision

Cooper Square Hotel, LLC v. Assured Source National, LLC

Petitioner Cooper Square Hotel, LLC sought to discharge a mechanic's lien filed by respondent Assured Source National, LLC against its property. The petitioner argued that the lien should be discharged due to waivers of mechanic's liens executed by the respondent and Angel Construction Group, LLC, and because the respondent, a Professional Employer Organization (PEO), is not entitled to assert a mechanic's lien under Lien Law § 3. The court acknowledged that factual issues regarding the waivers and payments would warrant discovery. However, the court ultimately determined that the respondent, as a PEO, failed to overcome the presumption that it did not provide labor, citing *Tri-State Empl. Servs. v Mountbatten Sur. Co.* as precedent. Consequently, the court granted the petition and ordered the discharge of the mechanic's lien.

Mechanic's LienProfessional Employer OrganizationPEOLabor LawLien LawWaiver of LienConstruction ManagementPayroll FinancingCo-employerNew York State Law
References
3
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
References
3
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