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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3814780
Regular
May 13, 2013

MARTIN VENEGAS vs. AMERICAN HONDA MOTOR COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing liens. The liens were dismissed by operation of law for failure to timely pay the lien activation fee, and a Notice of Intention to Dismiss was unnecessary. The lien claimant's representative was present when the dismissal order was issued, but argued the petition was timely based on the defendant's proof of service. The Board adopted the WCJ's report, which found the lien claimant had notice and the petition for reconsideration was frivolous.

Lien Activation FeeOrder Denying ReconsiderationWorkers' Compensation Appeals BoardLien ConferenceDismissed by Operation of LawPetition for ReconsiderationAdministrative Law JudgeProof of ServiceLien ClaimantTimely Paid
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
Case No. ADJ7946280
Regular
Aug 28, 2013

SANDRA HOPKINS vs. TJ MAXX, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim with prejudice. The lien claimant failed to pay the lien filing fee required for liens filed on or after January 1, 2013, rendering the lien invalid by operation of law, not grounds for dismissal with prejudice. The matter is returned to the WCJ to consider sanctions against the lien claimant for potential bad faith regarding the fee payment or failure to file necessary documentation.

Lien activation feePhysician Funding SolutionsLandmark Medical ManagementPetition for ReconsiderationOrder Dismissing Lien ClaimWCJLabor Code section 4903.06Labor Code section 4903.05invalid lienoperation of law
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
References
Case No. ADJ3184041 (VNO 0534760)
Regular
Jan 31, 2013

JOSE CASANOVA vs. CHARTIS/NATIONAL UNION FIRE INSURANCE, G4S SECURE SOLUTION/ THE WACKENHUT CORP.

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a prior order that declined to dismiss three lien claims. The Board found that the lien claimants had proper notice and opportunity to object to dismissal, but failed to do so. Consequently, the Board rescinded the prior order and dismissed the lien claims with prejudice. This decision clarifies that bundling lien claimants in a single Notice of Intention to Dismiss does not deny due process if proper notice is provided.

Petition for RemovalNotice of Intention to Dismiss LiensWCJLien ConferenceCompromise and ReleaseDue ProcessWCAB Rule 10770.1(h)WCAB Rule 10562(d)(1)Dismissal with PrejudiceLien Claimants
References
Case No. ADJ4130207 (ANA 0407943)
Regular
Jan 14, 2013

ALEJANDRA ZATARAIN, aka WENDY OSUNA vs. onE SOURCE; ACE as administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing lien claimant New Age Translations' lien. The dismissal occurred without notice to the lien claimant, and the Board found this procedurally improper. A subsequent agreement between parties settling the lien would have been meaningless if the dismissal remained in place. The Board's order allows the parties to resolve the lien in accordance with their agreement.

Lien DismissalPetition for ReconsiderationWorkers' Compensation Appeals BoardLien ClaimantOrder of Lien DismissalNotice of Intent to DismissWCJRescindedSettlement AgreementAdministrative Law Judge
References
Case No. ADJ9637766
Regular
Apr 24, 2018

ERIKA CHAVEZ vs. WEST COAST WAREHOUSE, INC., HARTFORD INSURANCE

Here is a summary for a lawyer in four sentences: This case involves a lien claimant seeking to correct a clerical error in filing a declaration under Labor Code section 4903.05, which resulted in their lien being dismissed by operation of law in the EAMS system. The Appeals Board dismissed the Petition for Removal, ruling that the issue of whether the lien claimant is entitled to correct the error and remove the dismissal notation should be determined by a Workers' Compensation Judge. The Board emphasized that lien claimants, like other parties, are entitled to due process, including a hearing on whether dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect. This ensures a hearing on the merits, consistent with the policy favoring the resolution of disputes on substantive grounds.

Labor Code section 4903.05Lien claimantPetition for RemovalDismissal by operation of lawClerical errorLien Reservation Number (LRN)Electronic Adjudication Management System (EAMS)Supplemental Lien FormCompromise and ReleaseDue process
References
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