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Case Law Database

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

Case No. ADJ3193987 (RIV 0037219)
Regular
Feb 26, 2009

DOUGLAS CRAWFORD vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO

This case involves a lien claimant, Forensic Psychiatric Services, whose lien was initially slated for disallowance due to an unprepared representative at a conference. The lien claimant petitioned for the Workers' Compensation Administrative Law Judge's (WCJ) disqualification, alleging bias and an unwarranted opinion. The Appeals Board denied the disqualification petition, finding insufficient grounds. However, they granted the lien claimant's objection to the disallowance notice, rescinded it, and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardForensic Psychiatric ServicesPetition for DisqualificationNotice of Intention to Disallow Lien ClaimWorkers' Compensation Administrative Law Judgeunprepared lien representativeunqualified opinionevinced enmityWCAB Rule 10452objection to NOI
References
0
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. ADJ3732289 (RIV 0053017)
Regular
Mar 19, 2013

JOHN PAPPAS vs. TNT GRADING, INC., STATE COMPENSATION INSURANCE FUND INSURED

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration regarding disallowed medical services. The Board granted the defendant's petition, affirming the original finding that the applicant sustained an industrial injury. Crucially, Finding of Fact number 4 was amended to state there was insufficient evidence to determine if the lien claimant, Poway Surgery Center, was a properly licensed facility. This amendment supports the disallowance of the lien due to a lack of proof of proper licensing.

WCABPoway Surgery CenterState Compensation Insurance FundPetition for ReconsiderationFinding of FactLien ClaimantLicensed FacilitySurgery CenterRes JudicataCCR Title 8 Section 10770
References
3
Case No. ADJ2349671 (LAO 0787649) ADJ678557 (POM 00245222) ADJ767632 (POM 00245221)
Regular
Apr 19, 2010

BLAS MARIN vs. WEST COAST COMMUNICATIONS, and CONTINENTAL CASUALTY COMPANY

Applicant Blas Marin's petition for reconsideration of the Compromise and Release (C&R) is denied as untimely filed, though issues regarding fraud in the C&R execution can be pursued via a petition to reopen for good cause. Lien claimant Southern California Mental Health & Assessment Centers/Azadeh Rahimi, Ph.D.'s petition for reconsideration is granted because the Workers' Compensation Judge (WCJ) improperly disallowed the lien without following proper procedure. The WCJ's order disallowing the lien is rescinded, and the matter is returned for further proceedings. Applicant's counsel was substituted on January 22, 2010, rendering previous filings by former counsel invalid.

Workers' Compensation Appeals BoardBlas MarinWest Coast CommunicationsContinental Casualty CompanyCNA Claim PlusGallagher Bassett ServicesADJ2349671ADJ678557ADJ767632Petition for Reconsideration
References
11
Case No. ADJ8928907
Regular
Oct 29, 2015

NOEL CARMONA vs. SUN VALLEY PRODUCTS, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Western Imaging Services, Inc. (WIS). WIS had its lien claim disallowed because it failed to prove registration as a professional photocopier. The Board found that WIS was exempt from registration under Business and Professions Code § 22451(b) as it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. Consequently, the prior decision was rescinded, and the case was returned for further proceedings on the lien amount.

Workers' Compensation Appeals BoardNoel CarmonaSun Valley Products Inc.Insurance Company of the WestWestern Imaging Services Inc.lien claimantpetition for reconsiderationadministrative law judgeBusiness and Professions Code section 22450Business and Professions Code section 22451(b)
References
3
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
0
Case No. ADJ8674944
Regular
Sep 28, 2015

CECILIA ROSALES vs. KING TACO RESTAURANT, AMERICAN CASUALTY COMPANY

This case concerns a lien claim by Western Imaging Services (WIS) for photocopying services rendered to applicant's attorney. The original decision disallowed the lien, finding WIS was not an independent contractor exempt from registration and bonding requirements under Business and Professions Code § 22451(b). The Appeals Board granted reconsideration, finding that WIS *was* an independent contractor of the attorney based on submitted evidence and the plain language of the statute. Therefore, WIS is exempt from registration, and its lien is allowed, with penalties deferred.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDecision After ReconsiderationIndependent ContractorBusiness and Professions CodeRegistration RequirementsBonding RequirementState BarProfessional Photocopying
References
4
Case No. ADJ7787891
Regular
Sep 25, 2015

JORGE CERVANTES vs. JBM SPORT TRUCK AND ACCESSORIES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer, in a maximum of four sentences: The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that disallowed a lien claimant's invoice for photocopying services. The Board found that the lien claimant, California Imaging Solutions, acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. This status exempted them from Business and Professions Code registration and bonding requirements. Consequently, the case was returned to the trial level to determine the reasonable fee for the lien claimant's services.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementBonding RequirementProfessional PhotocopierState Bar MemberApplicant's Attorney
References
10
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
3
Case No. ADJ9289375
Regular
Jan 11, 2016

ESTEBAN MIRANDA vs. HEARTLAND PRECISION, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to lien claimant California Imaging Solutions, Inc. (CIS). The prior decision disallowed CIS's lien based on its failure to register as a professional copier and meet its burden of proof for an exemption. The Board reversed, holding that CIS made an unrebutted prima facie showing that it acted as an agent or independent contractor for attorneys, thus exempting it from registration requirements under Business and Professions Code section 22451(b), consistent with the en banc decision in *Cornejo*. The case was remanded for a new decision on the lien.

WCABLien ClaimantPetition for ReconsiderationDecision After ReconsiderationBusiness and Professions Code Section 22451Independent ContractorState Bar MemberPhotocopier ServicesLicensing ExemptionCornejo v. Younique Café
References
1
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