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

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. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
Case No. ADJ6697121
Regular
May 13, 2013

GABRIELA GUZMAN vs. SIGUE CORPORATION, CRUM AND FORSTER

This case involves a lien claimant's petition for reconsideration after their lien was dismissed by a Workers' Compensation Judge for failure to pay a required lien activation fee and appear at a lien conference. The lien claimant claimed they lacked proper notice of the conference, but official records indicated notice was properly served. The Board found no good cause for the claimant's non-appearance or failure to respond to the subsequent dismissal order, concluding that a failure to calendar a properly noticed hearing does not constitute excusable neglect. Therefore, the petition for reconsideration was denied, affirming the dismissal of the lien.

Lien activation feePetition for reconsiderationWorkers' compensationLien claimantWCJOrder Dismissing Lien ClaimFailure to payProof of paymentLien conferenceExcusable neglect
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ8096523
Regular
Jun 07, 2013

YORCELI MARTINEZ vs. MAGNOLIA AVENUE, INC.; NETHERLANDS INSURANCE CO.,, administered by GOLDEN EAGLE INSURANCE CO.; STAR INSURANCE CO.,, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board granted reconsideration of a dismissed lien claim for Psychological Assessment Services due to a failure to pay a lien activation fee. The Board intends to sanction the lien claimant and its representative up to $1,000 for potentially misrepresenting facts in their petition and failing to comply with statutory obligations. The lien claimant can object to the sanction within 15 days plus mailing time.

Lien Activation FeePetition for ReconsiderationWCJ ErrorFailure to PayLien DismissalSanctionLabor Code Section 4903.06Bad-Faith ActionsFrivolous PetitionUnverified Petition
References
Case No. ADJ7417617
Regular
Jan 10, 2014

DIANE JARA vs. CALIFORNIA BUSINESS BUREAU, INC., CYPRESS INSURANCE, BERKSHIRE INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's order dismissing a lien claimant's lien. This dismissal was based on the lien claimant's failure to pay the lien activation fee required by Labor Code section 4903.06. However, a federal district court had issued an injunction preventing the enforcement of this fee provision. Consequently, the WCAB rescinded the dismissal order and returned the matter for further proceedings.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWorkers' Compensation Appeals BoardWCJRescinded orderReturn to trial levelLien claimant
References
Case No. ADJ8079707
Regular
Sep 05, 2013

PEDRO BUSTAMANTE vs. PACIFIC STEEL CASTING CO., SEABRIGHT INSURANCE CO.

The Appeals Board denied Buena Vista Medical's petition for reconsideration of the dismissal of its lien. The WCJ dismissed the lien for failure to pay the required activation fee and noted that Buena Vista's representative, CA Med Management, was not on the service list. Although Buena Vista claimed it never received notice of the lien conference, the Board found evidence suggesting notice was served at their listed address. Ultimately, the lien was properly dismissed with prejudice for non-compliance with the lien activation fee requirement.

Lien claimPetition for ReconsiderationOrder Dismissing LienLien Activation FeeFailure to PayProof of ServiceDelegated ServiceElectronic Adjudication Management System (EAMS)Declaration of ReadinessDismissal with Prejudice
References
Case No. ADJ7956404
Regular
Jun 11, 2013

MARIA COCOLAN PEREYDA vs. PERFECT FIT INDUSTRIES, PMA c/o GALLAGHER BASSETT

In this workers' compensation case, the Appeals Board denied a petition for reconsideration filed by Lien Claimant Ameri Chiropractic, represented by Pinnacle Lien Services (PLS). The lien was dismissed with prejudice by the Administrative Law Judge (ALJ) due to PLS's failure to timely pay the lien activation fee prior to the lien conference. The Board found no inconsistency between Labor Code Section 4903.06(a)(4) and the regulations, reaffirming that payment must be made before the scheduled conference time. The decision was consistent with established precedent, specifically *Figueroa v. B.C. Doering Co.*.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ's reportFigueroa v. B.C. Doering Co.Lien ClaimantAmeri ChiropracticPinnacle Lien ServicesLabor Code Section 4903.06(a)(4)8 CCR 10208(a)Lien Activation Fee
References
Case No. ADJ7278127
Regular
Nov 15, 2013

MARTHA ZAZUETA-GARCIA vs. SPHERION CORPORATION, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded two orders compelling the defendant to pay medical liens. The original orders were issued after the defendant failed to appear at a lien trial, but the defendant argued they did not receive proper notice. The Board found the defendant's failure to appear was due to mistake, inadvertence, or excusable neglect, supported by evidence of a late-filed substitution of counsel and alleged lack of notification. Consequently, the case was returned to the trial level for a new lien trial, with proper notice to be served on all parties.

Workers Compensation Appeals BoardLien TrialPetition for ReconsiderationOrder to Pay LienWCJFailure to AppearNotice of HearingSubstitution of AttorneysExcusable NeglectLabor Code Section 5506
References
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
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