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Case Law Database

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

Case No. ADJ8938458
Regular
Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees
References
0
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
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. ADJ4297322
Regular
Apr 26, 2013

ARTURO SALAS vs. BAY CITY CONTAINERS, COMPWEST INSURANCE COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed by the WCJ for failing to appear at a lien conference. The lien claimant argued they filed an objection and that dismissal for non-appearance was improper under Rule 10562. Although the petition was deemed timely filed as the claimant received the dismissal order late, the Appeals Board dismissed the petition due to procedural defects. Specifically, the petition was not properly served on adverse parties and lacked specific references to the record and applicable law as required by Board rules.

WCABlien claimantpetition for reconsiderationorder dismissing liennotice of intention to dismiss lienlien conferencefailure to appearobjectionserviceLabor Code section 5903
References
12
Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. ADJ3034844 (LBO 0392601) ADJ 4614655 (LBO 0396565)
Regular
Oct 17, 2014

ANGEL AVILA vs. PHILIPPS SERVICES CORPORATION, CIGA, SEDGWICK CMS, RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of orders dismissing lien claims from several medical providers. These lien claimants argued the dismissal was erroneous because they had not abandoned their liens and deserved a continued hearing to identify witnesses. The WCAB found the Petition for Reconsideration timely and determined that lien claimants may have been denied due process if their representative left the hearing prematurely without adequate notice. Therefore, the WCAB is providing an opportunity for lien claimants to demonstrate good cause why the dismissal orders should not be affirmed, and ordering the defendant to respond to any filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimsWCJDismissal of LiensMedical Lien ManagementRepresentative AbandonmentPrima Facie ShowingDue ProcessNotice of Intention to Dismiss
References
0
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ3246489 (LAO 0849769) ADJ3868191 (LAO 0851408)
Regular
Jun 14, 2011

JULIO ALCOCER vs. THE CALIFORNIA CLUB, STATE COMPENSATION INSURANCE FUND, CHUBB SERVICES CORPORATION, NORTH RIVER INSURANCE COMPANY, ONE OF CRUM AND FORSTER COMPANIES

Lien claimant L.A. Orthopedic sought reconsideration of a Notice of Intent to dismiss its lien, arguing it didn't receive proper notice of the lien conference. However, the Workers' Compensation Appeals Board dismissed the petition as moot. This is because the administrative law judge, within the allowed timeframe, rescinded the order of dismissal. Therefore, the initial notice of intent was no longer a final order from which to seek reconsideration.

Lien ClaimantReconsideration PetitionNotice of Intent to DismissLien ConferenceWorkers' Compensation Administrative Law JudgeAppeals Board Rule 10562Report and RecommendationCompromise and ReleaseSpecific InjuryCumulative Trauma
References
1
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