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

Case No. ADJ2506742
Regular
Apr 18, 2011

SAUL FUENTES ARGUETA, SAUL ARGUETA vs. PRO CASES INC., STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, Dr. Konstat, seeking reconsideration of a Compromise and Release (C&R) agreement. Dr. Konstat contends the C&R improperly dismisses the applicant's psychiatric injury claim, which had been previously established by earlier WCAB orders. However, the Board found the C&R did not explicitly stipulate the applicant *did not* sustain a psychiatric injury, but rather agreed to withdraw that specific claim. Therefore, the C&R was not a final order regarding the lien claimant's rights, and the petition for reconsideration was dismissed, allowing the lien claimant to pursue her claim separately.

Lien claimantCompromise and ReleasePetition for ReconsiderationIndustrial injuryPsycheStipulationFindings and AwardLabor CodeWorkers' Compensation Appeals BoardWCJ
References
7
Case No. LAO 0837305, LAO 0837306
Regular
Apr 29, 2008

IRMA ALEJANDRA VILLAMAN vs. CALIFORNIA CLEANING SERVICE, CLARENDON NATIONAL INSURANCE COMPANY c/o AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the defendant's petition to reconsider the allowance of Dr. Kan's lien for medical treatment related to the applicant's industrial injuries. However, the Board granted the lien claimant's petition to clarify the award. Upon reconsideration, the Board amended the original award to disallow reimbursement for "work conditioning" services, reducing Dr. Kan's lien from $7,998.35 to $7,858.35.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings and AwardIndustrial InjuryCompensableCompromise and ReleaseMedical TreatmentChiropractic VisitsWork Conditioning
References
1
Case No. MISSING
Regular Panel Decision

Prentice v. Levy

Plaintiff sustained a work-related cervical spine injury in 1998 and underwent surgery by defendant Dr. Walter J. Levy in 1999. After the first surgery failed and a second surgery in 2002 to remove loosened hardware, plaintiff settled a medical malpractice action against Levy for $400,000. The self-insured employer, Tops, Inc., and its administrator, MAC Risk Management, as "the carrier," asserted a workers' compensation lien against the settlement. The Supreme Court provisionally set the lien at $22,442.91 and appointed a referee to determine the final lien and offset amounts, with the carrier bearing the costs. The appellate court affirmed the order, ruling that the interim lien was "without prejudice" and the referee's hearing scope was sufficient to conduct a comprehensive evidentiary hearing, thus causing no prejudice to the carrier.

Workers' Compensation LienMedical MalpracticeSettlement LienInterim LienWorkers' Compensation LawAppellate ReviewReferee AppointmentLien EstablishmentOffset PaymentsEvidentiary Hearing
References
2
Case No. ADJ1085807 (BAK 0154474) ADJ6601730
Regular
Sep 15, 2015

MARIA CORTEZ vs. KIRSCHENMAN ENTERPRISES, WAUSAU UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Dr. Moelleken's petition for reconsideration, affirming the disallowance of his lien. However, they granted Associated Reproduction Services' (ARS) petition, deferring their lien claim due to an ongoing federal injunction affecting lien dismissals for unpaid activation fees. The Ninth Circuit's decision vacating the injunction was not yet final, thus the injunction remained in effect. ARS's lien will be decided on its merits pending further developments.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeActivation FeeInjunctionMandateJudicial NoticeFederal Court
References
3
Case No. ADJ3389162 (LAO 0852819)
Regular
Mar 26, 2013

Jin Yu vs. CWCM, INC., Y.C., INC., Zenith Insurance

This case involved a lien claimant, Dr. Gromis, whose claim for medical treatment reimbursement was disallowed. The WCAB granted reconsideration, rescinding a $1,000 sanction previously imposed on Dr. Gromis for frivolous bad faith. The Board found that Dr. Gromis' pursuit of his lien was not frivolous, as the issue of applicant's employment was not clearly raised by the defendant prior to the lien trial, and he lacked proper notice of a prior ruling disallowing employment. The Board upheld the disallowance of Dr. Gromis' lien for medical treatment.

Lien claimantReconsiderationSanctionBad faithFrivolous actionEmployment statusCompromise and ReleasePre-trial conference statementFindings and OrderCollateral estoppel
References
0
Case No. ADJ7608229
Regular
Oct 07, 2013

ANDREW SPELLERR vs. LONG BEACH MEMORIAL MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Lien claimant Lab-Eval Services sought reconsideration of an order dismissing Dr. Hovsepian's lien for non-appearance at a lien conference. The WCAB denied the petition, adopting the WCJ's report which found that Dr. Hovsepian, as a filed lien claimant, was required to attend. The Board also noted the petition's defective verification and improper service on adverse parties as further grounds for denial. Therefore, the dismissal of Dr. Hovsepian's lien stands with prejudice.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimNon-AppearanceLien ConferenceWCJCompromise and ReleaseDeclaration of ReadinessVerification
References
0
Case No. ADJ2204127
Regular
Nov 05, 2012

Ella Sahaikian vs. White Memorial Medical Group, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Dr. Habibi, rescinding a prior order that dismissed his lien with prejudice. The Board found that Dr. Habibi was not afforded due process, as there was no evidence he was properly served with notice of the lien conference or the notice to dismiss. Furthermore, Dr. Habibi alleged ongoing settlement negotiations with the defendant at the time the lien was dismissed, which was not rebutted. The case is returned to the trial level for further proceedings on the lien.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDue ProcessDismissalOrder Approving Compromise and ReleaseBill ReviewDeclaration of Readiness to ProceedNotice of Intention to DismissMinutes of Hearing
References
2
Case No. ADJ4045249 (LBO 0349635)
Regular
Jul 29, 2013

PATRICK RUSSELL vs. CITY OF LONG BEACH

This case involves a Petition for Reconsideration filed by lien claimant Dr. Samer Alaiti regarding the dismissal of Miracle Mile Medical Center's (MMMC) lien. The Workers' Compensation Appeals Board (WCAB) dismissed Dr. Alaiti's petition because he was not "aggrieved" by the dismissal of MMMC's lien, as his own lien had been settled. Dr. Alaiti's representative admitted a calendar error for his own absence, but there was no indication this representative, or any other, was appearing for MMMC. The WCAB upheld the dismissal of MMMC's lien due to their failure to appear and object to the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantMiracle Mile Medical CenterSamer Alaiti M.D.MJR Management ServicesWCJHearing RepresentativeStipulation and Order
References
3
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. 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
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