CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ10062283
Regular
Jan 08, 2016

MARIA CARVALHO vs. IN-HOME SUPPORTIVE SERVICES, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied York Risk Services Group's petition for reconsideration of a $\$ 200.00$ sanction. The sanction was imposed for York's failure to appear at a hearing for which it was properly served by mail. York failed to provide good cause for its non-appearance, and its assertion of resolving issues telephonically did not excuse the failure to appear. The Board upheld the WCJ's finding that the notice was properly served and no reasonable excuse was offered.

Workers' Compensation Appeals BoardSan Jose District OfficePetition for ReconsiderationOrder Imposing SanctionsFailure to AppearGood CauseNotice of HearingService by MailElectronic Adjudication Management SystemPresumption of Receipt
References
0
Case No. ADJ1500144 (SAC 0290200) ADJ820065 (SAC 0352087) ADJ1538813 (MON 0309956) ADJ3751110 (MON 0326164)
Regular
Apr 09, 2009

PARVIN OLFATI (aka PATTY OLFATI) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured; and STATE COMPENSATION INSURANCE FUND (Adjusting Agency)

This case involves applicant Parvin Olfati's petition for reconsideration of an order dismissing her four workers' compensation cases. The dismissal was based on her failure to timely object to a Notice of Intention to dismiss, stemming from her refusal to participate and her non-appearance at a mandatory settlement conference. The Workers' Compensation Appeals Board denied her petition, finding she did not establish good cause for her non-appearance or failure to timely object. Her arguments regarding fear for her safety, lost files, and denial of discovery were deemed insufficient to excuse her non-compliance.

WCABPetition for ReconsiderationNotice of Intention to DismissMandatory Settlement ConferenceGood CauseTimely ObjectionWCJReport and RecommendationAdministrative Law JudgeEAMS
References
1
Case No. ADJ6545416
Regular
Jun 10, 2016

CARLOS LOPEZ vs. MUSEUM SQUARE, STATE COMPENSATION INSURANCE FUND INSURED

Tri-County Medical Group sought reconsideration of a dismissal for non-appearance at a lien trial, arguing their representative had a conflicting appearance and this constituted excusable neglect. While a notice of representation was filed, the Board denied reconsideration. The Board found Tri-County failed to provide adequate grounds for relief under CCP 473(b), as the representative's attendance at other matters, without prior notice to the court, did not rise to the level of excusable neglect. Therefore, the dismissal of Tri-County's lien stands.

Workers' Compensation Appeals BoardLien Claim DismissalReconsiderationNon-AppearanceLien ConferenceExcusable NeglectCode of Civil Procedure Section 473(b)Petition for ReconsiderationNotice of RepresentationWCJ
References
1
Case No. ADJ6946296
Regular
Sep 19, 2017

MICHELE KELLEY vs. LOMA LINDA UNIVERSITY MEDICAL CENTER

This case involves lien claimants whose liens were dismissed for failing to appear at a hearing noticed as a status conference on attorney's fees. The claimants argued their non-appearance was justified as they believed the hearing did not concern their liens. The Workers' Compensation Appeals Board granted reconsideration, finding the claimants' failure to appear was due to excusable neglect based on the hearing's specific notice. Consequently, the dismissal orders were rescinded, and the matter was returned for further proceedings.

WCABPetitions for ReconsiderationLien ClaimsWCJStatus ConferenceLien ConferenceWCAB Rule 10770.1Failure to AppearExcusable NeglectCode of Civil Procedure section 473(b)
References
3
Case No. ADJ7860662
Regular
Sep 16, 2014

JAMES McCRAY vs. UCI MEDICAL CENTER, Permissibly SelfInsured, Administered by SEDGWICK REGENTS

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim filed by Southland Spine and Rehab Medical Center. The lien claimant failed to appear at a mandatory lien conference, and the Board found their excuses for non-appearance, including claims of not receiving notice, to be unsubstantiated and contrary to the record. The Board also clarified that the claimant misconstrued regulations regarding appearances at lien conferences and telephone settlement authority.

WCABPetition for ReconsiderationLien ConferenceDWC Rule 10240WCAB Rule 10562(d)Declaration of ReadinessCompromise and ReleaseDismiss LienNon-AppearanceGood Cause
References
0
Case No. ADJ3025610 (LAO 0804371) ADJ2399189 (LAO 0833561) ADJ616704 (LAO 0833554) ADJ2590395 (LAO 0833562)
Regular
Jun 18, 2019

ROSA RENTERIA, vs. LOS ANGELES UNIFIED SCHOOL DISTRICT,

This case involves a lien claimant seeking reconsideration of their lien dismissal for failing to appear at a noticed lien conference. The lien claimant argued human error constituted excusable neglect under CCP 473(b). The WCJ found no good cause for the non-appearance and dismissed the lien. The Appeals Board denied reconsideration, affirming the dismissal because the explanation of "human error" was skeletal and did not adequately explain the failure to appear or demonstrate good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimWCJRule 10562CCP 473(b)Excusable NeglectGood CauseFox v. Workers' Comp. Appeals Bd.
References
1
Case No. ADJ7777152
Regular
Aug 30, 2012

PABLA CORTEZ vs. PVH SUPERVA, INC., LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, California Imaging, seeking reconsideration of an order dismissing its lien. The lien was dismissed because California Imaging failed to appear at a required lien conference and its objection was untimely and never properly filed with the board. The Appeals Board denied reconsideration, finding that the lien claimant's non-appearance was not excused. The Board noted that lien claimants are considered parties and must follow procedural rules, including timely appearances and filings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceNonappearanceUntimely ObjectionTelephonic AppearanceCompromise and Release
References
0
Case No. ADJ8912819
Regular
Nov 13, 2017

DULCE GONZALEZ vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded a WCJ's order awarding attorney's fees to the applicant. The WCJ had awarded fees for the defendant's failure to appear at a trial on March 18, 2016, citing Labor Code Section 5813. However, the Board found that the defendant provided a reasonable excuse for its inadvertent failure to appear due to a calendaring error and that there was no evidence of bad faith or a pattern of non-appearance. Therefore, attorney's fees were deemed not warranted under these circumstances.

Petition for ReconsiderationFindings and OrderAttorney's FeesFailure to AppearSanctionsBad-Faith TacticsExcusable NeglectCode of Civil Procedure Section 473Labor Code Section 5813WCAB Rule 10561
References
6
Case No. ADJ1650854 (MON 0275131) ADJ1447235 (LAO 0858407) ADJ1464069 (MON 0275132)
Regular
Mar 14, 2011

COMFORT EKELEDO vs. COUNTY OF LOS ANGELES, Administrative by TRISTAR RISK MANAGEMENT

Lien claimants Industrial Psychiatric Network and Ilan Tamir, M.D. petitioned for reconsideration of an order dismissing their liens after failing to appear at a noticed hearing. The WCAB denied their petitions, affirming the WCJ's decision to dismiss the liens. The Board found that the lien claimants were properly served notice and failed to appear without establishing good cause. Dr. Tamir's argument that the dismissal order lacked specificity was rejected as it followed a procedural rule, not a fact-finding determination. Industrial Psychiatric Network's claim of defective notice was unsubstantiated, and confusion about the hearing's purpose was insufficient to excuse their non-appearance.

WCABlien claimantsreconsiderationdismissalLabor Code 5313WCAB Rule 10562(e)EDEXhearingnotice of intentiongood cause
References
1
Case No. ADJ3995222
Regular
Oct 03, 2014

CHRISTINE PUBLICOVER vs. BOUGET BROS, LIBERTY MUTUAL INSURANCE

This case concerns Dr. Mark Greenspan's lien, which was dismissed due to non-appearance at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied Dr. Greenspan's Petition for Reconsideration, upholding the dismissal. The WCAB found that Dr. Greenspan failed to establish good cause for his non-appearance, as the alleged hacking issue did not justify the lack of awareness regarding the hearing date. Furthermore, the WCAB noted that defendants are not obligated to contact lien claimants about non-appearances.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportSection 10848lien conferenceNotice of Intent (NOI)EAMSlien claimantgood causehacking
References
0
Showing 1-10 of 3,457 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational