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

Case No. ADJ2644699 (OXN 0127883)

Regular

Jan 01, 2014

RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Dr. Aminian's petition for reconsideration of a lien dismissal because it was unverified and lacked good cause. Removal was granted sua sponte to initiate sanctions proceedings against Dr. Aminian, his representative Durden & Associates, and Ted Durden for filing a frivolous and potentially false claim regarding notice of a lien conference. The Board found evidence of service and a prior opportunity to raise the notice issue, suggesting bad faith or unnecessary delay. Sanctions up to $1,500 are pending a response showing good cause from the lien claimant and his representatives.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantRemovalSanctionsUnverified PetitionGood CauseLien ConferenceNotice of Intent to Dismiss

References

Case No. ADJ6529557

Regular

Oct 30, 2014

MARIA VALENCIA ROJAS vs. COSMEDX SCIENCE, INC., GRANITE STATE INSURANCE BY AIG CLAIMS COSTA MESA, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed NCL Pharmaceuticals' Petition for Reconsideration because it was untimely filed. NCL failed to appear at a lien conference, leading to an order dismissing its lien, which was then followed by NCL's untimely petition. The Board also noted that even if timely, the petition would have been denied based on the Administrative Law Judge's report. Additionally, the representative for NCL, Ted Durden, was admonished for appearing to violate Appeals Board Rule 10774.5 regarding notice of representation.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNCL PharmaceuticalsUntimely FilingJurisdictional Time LimitElectronic Adjudication Management SystemAppeals Board Rule 10774.5Notice of Representation

References

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RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantRemovalSanctionsUnverified PetitionGood CauseLien ConferenceNotice of Intent to Dismiss

MARIA VALENCIA ROJAS vs. COSMEDX SCIENCE, INC., GRANITE STATE INSURANCE BY AIG CLAIMS COSTA MESA, ZENITH INSURANCE COMPANY