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

Case No. ADJ9119397
Regular
Apr 03, 2019

Jesse Lazoya, Jr. vs. IE Rental Homes doing business as Pama Management, Insurance Company of the West

This case involves a lien claimant, Javlin Three, seeking reconsideration of a prior finding that they lacked standing. The Workers' Compensation Appeals Board denied reconsideration, adopting the Judge's report that found no valid assignment, thus precluding Javlin Three from raising issues. The Board noted that the underlying issue of a potential stay on ResHealth Medical Group's lien has not yet been decided and may be consolidated with other related cases. Therefore, Javlin Three's petition for reconsideration is denied.

Petition for ReconsiderationLien ClaimantStandingValid AssignmentLabor Code 4615StayWCJ ReportMaster FileOrder of ConsolidationDesignation of Master File
References
1
Case No. ADJ9903270
Regular
Jun 17, 2019

YESENIA MELENDEZ vs. KC PHARMACEUTICALS, EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, lien claimant ResHealth Medical Group's petition for reconsideration was denied because its corporate status was suspended by the Franchise Tax Board (FTB) as of April 1, 2016. This suspension prevented ResHealth from prosecuting its lien. While Javlin Three, an alleged assignee, contended it could pursue the lien, it failed to provide evidence that the assignment covered the specific accounts receivable in question. Furthermore, Javlin's own capacity to sue as an assignee was questionable if the assignment occurred after ResHealth's FTB suspension.

Workers' Compensation Appeals BoardFTB suspensionFranchise Tax BoardResHealth Medical GroupJavlin Threelien claimantassigneeassignorLabor Code section 4903.8(a)(1)cease doing business
References
12
Case No. ADJ9505835
Regular

FRANCISCO MEDRANO vs. ARMORCAST PRODUCTS, U.S. FIRE INSURANCE

This case concerns a lien filed by Reshealth Medical Services, which is a suspended corporation, and its assignee Javlin Three, LLC. The Appeals Board dismissed Reshealth's petition for reconsideration because the prior order was not a final determination. The Board granted removal to correct the record, clarifying that no Labor Code section 4615 stay was ordered, but affirmed Reshealth's suspension and disqualification from pursuing its lien. Javlin's request for further proceedings to prove its assignment was denied due to failure to present evidence timely during discovery and at hearings.

Workers' Compensation Appeals BoardSuspended CorporationFranchise Tax BoardLien ClaimantPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Due ProcessEvidentiary HearingFinal Order
References
19
Case No. ADJ9686970
Regular
Jul 07, 2017

BLANCA BARRAZA vs. SEA VIEW PACKING, INC., PSI, administered by INTERCARE HOLDINGS INSURANCE SERVICES

The defendant sought reconsideration of a WCJ's decision that found the Franchise Tax Board's suspension of ResHealth Medical Group did not prevent recovery by assignee Javlin Three, LLC. The Appeals Board granted reconsideration, finding the WCJ's decision inconsistent regarding the admitted evidence of ResHealth's suspension. The matter was returned to the trial level for further proceedings to clarify issues concerning the suspension and assignment.

Workers' Compensation Appeals BoardFranchise Tax Boardcorporate rights suspensionlien claimantsassignmentburden of proofResHealth Medical GroupJavlin Three LLCAdministrative Law JudgePetition for Reconsideration
References
6
Case No. ADJ9286923
Regular
May 28, 2019

Oscar Abrego vs. Frontline Finish, Security National Insurance

The Workers' Compensation Appeals Board granted reconsideration to Reshealth Medical Group's petition regarding its lien. The Board rescinded the prior finding that there was insufficient evidence of an assignment between Javlin Three and Reshealth for accounts receivable. This case, along with other matters involving Reshealth, has been consolidated under a master file for further proceedings to address complex issues concerning Reshealth's liens and potential stays under Labor Code section 4615. The lien is returned to the trial level for inclusion in these consolidated proceedings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of FactAssignmentAccounts ReceivableLabor Code Section 4615StayOrder of ConsolidationMaster File
References
1
Case No. ADJ8807598
Regular
Jul 18, 2017

ELENA HERNANDEZ vs. SULPHUR SPRINGS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous order that dismissed a lien claim. The Board found that the lien claimant, Mesa Pharmacy, and its assignee, Javlin Three LLC, were not properly served with the original order, making their petition for reconsideration timely. Crucially, the Board determined the original decision lacked an opinion detailing the evidence relied upon, preventing meaningful review. The case is returned to the administrative law judge for further proceedings and a properly substantiated decision.

Petition for ReconsiderationLabor Code section 4903.8Lien claimantAssigneeFindings & OrderWCJBurden of ProofLabor Code section 5313Opinion on DecisionSubstantial Evidence
References
15
Case No. ADJ9259156
Regular
Jan 05, 2017

SIDNEY SWANSON vs. LAS VEGAS LA EXPRESS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings. The Board found that a stipulation regarding the assignment of a lien from Mesa Pharmacy to Javlin Three LLC did not sufficiently address enforceability under Labor Code section 4903.8. Due to insufficient development of the record regarding the assignment's validity and Mesa's current business status, the case was returned to the trial level for further proceedings. This ensures due process by allowing for the presentation of evidence and potential testimony on these crucial issues.

Mesa PharmacyJavlin Three LLClien claimantassignment of rightsreimbursementLabor Code Section 4903.8standingMinutes of Hearingevidentiary hearingPetition for Reconsideration
References
4
Case No. ADJ1742290 (AHM 0121601) MF ADJ3925391 (AHM 007438)
Regular
Jul 12, 2019

MANUEL DE LA ROSA vs. COUNTY OF LOS ANGELES, DEPARTMENT OF CHILDREN AND FAMILY SERVICES

This case concerns lien claimants ResHealth Medical Services and Javlin Three, LLC seeking reconsideration of an order denying withdrawal of ResHealth's lien. The WCAB has rescinded the prior order and returned ResHealth's lien to the trial level for consolidation with related matters. This consolidation aims to address complex legal and factual issues surrounding ResHealth's status and the applicability of Section 4615, ensuring consistent findings and judicial economy. Parties retain their right to present evidence and arguments in the consolidated proceeding.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsDissolved CorporationConsolidationMaster FileSpecial Adjudication UnitSection 4615RescissionTrial Level
References
6
Case No. ADJ9709124
Regular
Jul 12, 2019

FELIPE VERDUZCO vs. JT WIMSATT CONTRACTING COMPANY, AMERICAN CLAIMS MANAGEMENT

This case involves lien claimants ResHealth and Javlin seeking reconsideration of a decision that denied ResHealth standing due to its dissolved corporate status. The Appeals Board has rescinded the prior findings and returned the case to the trial level for consolidation. This consolidation, under the master file *Patricia Valles vs. JIB Holdings I LLC*, aims to address common legal and factual issues concerning ResHealth's liens and potential stays under Labor Code section 4615. The consolidation will ensure consistent rulings, protect due process, and promote judicial economy.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code 4615Corporate Status SuspensionFranchise Tax BoardConsolidationMaster FileSpecial Adjudication UnitDue Process
References
8
Case No. ADJ9849559
Regular
Sep 08, 2017

MARIA ESTEVEZ vs. WALMART ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original order to defer the disposition of Reshealth Medical Group's lien. The Board found that the WCJ failed to make necessary factual findings regarding the timing of the assignment of the lien to Javlin Three LLC, a critical issue given Reshealth's suspension by the Franchise Tax Board. The matter was returned for further proceedings to address whether the assignment was valid before or after Reshealth's corporate suspension, and potentially the validity of the assignment under Labor Code section 4903.8. The Board otherwise affirmed the original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeLienAssignmentFranchise Tax Board suspensionCorporate statusCapacity to sueLabor Code 5313
References
10
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