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Case No. ADJ4437346

Regular

Apr 21, 2014

JENRRY GARFIAS vs. KROGER, dba RALP'S GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Kroger's Petition for Reconsideration as untimely. The employer failed to file the petition within the 25-day deadline following the decision issued on November 1, 2013. Although a federal district court later issued an injunction regarding lien activation fees, the WCAB lacked jurisdiction due to the untimeliness of the petition. Therefore, the WCAB ordered the dismissal of the Petition for Reconsideration.

Petition for ReconsiderationUntimelyDismissalWCABWCLJAngelotti Chiropractic v. BakerLien Activation FeeSection 4903.06Preliminary InjunctionJurisdiction

References

Case No. ADJ2541109

Regular

Mar 09, 2012

ALEJANDRO ROMERO GARFIAS vs. FETZER VINEYARDS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed attorney Edwin Bridges' Petition for Removal because it was the improper procedural vehicle to challenge a sanction order. The Board found the January 5, 2012 sanction order was final and should have been challenged via a Petition for Reconsideration, not Removal. Furthermore, the Board noted that even if treated as a Petition for Reconsideration, it would have been denied. Bridges' argument of denied due process was rejected as he received notice and an opportunity to be heard on the sanctions.

Petition for RemovalLabor Code section 5813sanctiondue processabuse of judicial powerbad faith tacticswillful delayfinal orderPetition for ReconsiderationWCAB Rule 10561(a)

References

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JENRRY GARFIAS vs. KROGER, dba RALP'S GROCERY COMPANY

Petition for ReconsiderationUntimelyDismissalWCABWCLJAngelotti Chiropractic v. BakerLien Activation FeeSection 4903.06Preliminary InjunctionJurisdiction

ALEJANDRO ROMERO GARFIAS vs. FETZER VINEYARDS, LIBERTY MUTUAL INSURANCE COMPANY

Petition for RemovalLabor Code section 5813sanctiondue processabuse of judicial powerbad faith tacticswillful delayfinal orderPetition for ReconsiderationWCAB Rule 10561(a)