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

Case No. ADJ360587
Regular
May 15, 2009

SERGIO VALADEZ vs. LSG SKY CHEFS, LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, Spine Care and Orthopedic Physicians, whose lien was initially disallowed for failure to appear at a hearing. The lien claimant petitioned for reconsideration, arguing they provided medical services and had objected to the disallowance notice. The WCJ acknowledged a timely objection was filed despite initial file confusion. The Appeals Board granted reconsideration, rescinded the disallowance order, and returned the matter for a hearing on the merits of the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Disallowing LienNotice of Intent to Disallow LienHearing on the meritsRescindedTrial levelMedical servicesWCJ
References
Case No. ADJ601398 (AHM 0120623)
Regular
Jul 23, 2009

PAUL SHANKS vs. COUNTY SANITATION DISTRICT OF LOS ANGELES COUNTY, ADMINISURE

The WCJ's Order of Disallowance did not comply with Rule 10562 because there was no Notice of Intention to Dismiss petitioner's lien. The lien claimant's Petition for Reconsideration is GRANTED and the matter is remanded for further proceedings.

Lien claimReconsiderationDisallowanceOutpatient Spine and Surgery CenterLabor Code $\S$ 4903.5(a)Proof of serviceNotice of Disallowance of Lien ClaimWCJRule 10562Notice of Intention to Dismiss
References
Case No. LAO 0796853 LAO 0796854
Regular
May 20, 2008

ELAINE TREVILLISON vs. ST. MARY MEDICAL CENTER LONG BEACH; permissibly self-insured, administered BY SEDWICK CLAIMS MANAGEMENT

This case involves a lien claimant, Dr. Russell Shah/Beach Medical, seeking reconsideration of their disallowed lien. The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge did not follow proper procedure under WCAB Rule 10562(d) when disallowing the lien. The matter is returned to the trial level for further proceedings on the merits of the lien and potential sanctions against the lien claimant for failing to appear at a prior hearing.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to DisallowWCAB Rule 10562Due ProcessPetition for ReconsiderationOrder Re: Disallowance of LienLien TrialSanctionsLabor Code Section 5813
References
Case No. VNO 0402475
Regular
Aug 14, 2008

TOMAS LANDAVERDE vs. SIMON & SIMON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an order disallowing a lien claimant's claim. The original order was based on the lien claimant's failure to appear at a lien trial. The Board rescinded the disallowance order, finding it procedurally defective under California Code of Regulations, title 8, section 10562. The matter was returned for further proceedings, with the Board suggesting the judge consider sanctions against the lien claimant for failing to appear without adequate excuse.

Petition for ReconsiderationOrder Disallowing Lien ClaimLien TrialExcusable NeglectNotice of Intention to DisallowCalifornia Code of RegulationsSection 10562Exceeded JurisdictionDefective ServiceOfficial Address Record
References
Case No. SBR 0311033
Regular
Aug 27, 2007

BARBARA L. OTWELL vs. RIVERSIDE COUNTY OFFICE OF EDUCATION, ACE USA

A lien claimant requested reconsideration of a disallowed lien after failing to appear at a hearing. However, the claimant later withdrew their reconsideration request because the parties had resolved the lien issue. Consequently, the Workers' Compensation Appeals Board dismissed the petition for reconsideration.

WCABDisallowed LienReconsiderationLien ClaimantPetition for ReconsiderationWithdrawalResolved LienNotice of IntentionOrder Disallowing LienWCJ
References
Case No. VNO 449913 VNO 449916 VNO 459604
Regular
Apr 08, 2008

EULALIO BERNAL vs. RSC INTERNATIONAL INCORPORATED

The Workers' Compensation Appeals Board dismissed lien claimant Dr. Tepper's petition for reconsideration because it was untimely filed. The Board found the petition was filed more than 20 days after the order disallowing the lien was served, a jurisdictional deadline. Even considering the lien claimant's claimed date of actual receipt, the petition remained untimely.

Workers' Compensation Appeals BoardEulalio BernalRSC International IncorporatedGil Tepper M.D.Lien ClaimantPetition for ReconsiderationOrder Disallowing LienNotice of Intention to Disallow LienUntimely PetitionLabor Code Section 5903
References
Case No. ADJ8039195
Regular
Jan 15, 2015

TOMAS JAIME vs. BM LANDSCAPE, STATE COMPENSATION INSURANCE FUND

Lien claimants' petitions for reconsideration are granted, rescinding the WCJ's prior orders disallowing liens and imposing sanctions. The WCJ improperly disallowed the liens and imposed sanctions without proper notice and opportunity to be heard, violating due process and procedural rules. Lien claimants' failure to appear does not excuse the WCJ from following established procedures for dismissing liens or imposing sanctions. The case is returned to the trial level for further proceedings.

Lien claimantsreconsiderationdisallowancesanctionsbad faithdilatorynoticeopportunity to be hearddue processadministrative law judge
References
Case No. MON 0284020
Regular
Apr 07, 2008

JUAN RAMON VAQUIS vs. SANTA MONICA EXPRESS, INC., KEMPER EMPLOYERS INSURANCE COMPANY, BROADSPIRE

The Appeals Board granted reconsideration because the proof of service for the disallowance of Managedmed's lien was not properly admitted into evidence, thus lacking a factual basis for the WCJ's finding of timely service. The Board rescinded the prior order and remanded the case for further proceedings to determine actual service and rule on the lien claimant's motion to set aside the disallowance. This decision emphasizes the requirement for admitted evidence to support findings, especially concerning service and potential relief under Code of Civil Procedure § 473(b).

Lien ClaimantReconsiderationWCJDisallowanceProof of ServiceAdmitted EvidenceRecord of ProceedingsWCAB RulesLabor CodeCCP 473(b)
References
Case No. ADJ4274309 (VNO 0537036) ADJ2544417 (VNO 0537037)
Regular
Jul 07, 2009

HIPOLITO GOMEZ vs. HIGHLAND PARK GUEST HOME, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

This case concerns lien claimants seeking reconsideration of disallowed liens for failure to appear at a lien trial due to a family emergency. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the prior order disallowing the liens was issued hastily. The WCAB rescinded the disallowance order and returned the matter to the trial level for further proceedings and a new decision. The Board agreed with the WCJ's recommendation that the lien claimants should be allowed to prosecute their claims based on their merit.

Workers' Compensation Appeals BoardLien claimantsReconsiderationOrder Disallowing LiensNotice of Intention to DismissCompromise and ReleaseIndustrial InjuryHearing RepresentativeFamily EmergencyDue Process
References
Case No. ADJ405114 (ANA 0361653 ) ADJ3423623 (ANA 0402305)
Regular
Feb 13, 2012

JOSE ROSALES vs. DYNAMIC DETAIL, BARRETT BUSINESS SERVICES INC.; INTERCARE, BROADSPIRE, CORVEL

This case involves a Petition for Reconsideration filed by lien claimants, L. A. Regional Surgical Center and Isaac Verbukh, M.D., regarding an order disallowing their liens. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 20 days after the lien claimants received the Order Disallowing Liens on November 21, 2011. Although the WCJ's calculations regarding the objection to the Notice of Intention to Disallow Liens were erroneous, this did not affect the untimeliness of the petition for reconsideration. The Board emphasized that the 20-day period for filing a petition for reconsideration is jurisdictional.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Disallowing LiensLien ClaimantsTimelinessLabor Code Section 5903Jurisdictional Time LimitUntimely PetitionProof of ServiceService of Order
References
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