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

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
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The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings.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
Case No. ADJ9178612
Regular
Aug 09, 2016

CARMELLINA GITUKU vs. ALTA HOME CARE, CYPRESS INSURANCE COMPANY

This case concerns the disallowance of liens filed by Reshealth Medical Group and Mesa Pharmacy, assigned to Javlin Three LLC, for failing to comply with Labor Code section 4903.8. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the original decision improperly applied the statute and lacked sufficient evidence. The WCAB rescinded the original decision, returning the case to the trial level for further development of the record, particularly concerning the effective dates of assignments and the business status of the original lien claimants. The WCAB also noted potential due process concerns regarding service but found no actual prejudice to the parties.

Labor Code Section 4903.8Lien ClaimantAssignment of LienReshealth Medical GroupMesa PharmacyJavlin Three LLCMaximum MedicalPetition for ReconsiderationFindings and OrdersDue Process
References
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
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
Case No. ADJ7339980
Regular
Dec 24, 2014

EDITH GALVEZ vs. HANFORD HOTELS, LLC, AMERICAN HOME ASSURANCE, HELMSMAN

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration due to a failure to meet the verification requirements of Labor Code section 5902. Specifically, the petition and its attached verifications were either unsigned or defective, preventing the Board from confirming proper execution. Even if the petition had been properly verified, the WCAB would have denied it on the merits based on the administrative law judge's report.

Petition for ReconsiderationVerificationLabor Code Section 5902DismissalWorkers' Compensation Appeals BoardWCJHanford HotelsLLCAmerican Home AssuranceHelmsman
References
Case No. ADJ6775950
Regular
Jun 22, 2017

MARTIN MENDOZA vs. W&M TEXTILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by lien claimant Physician Funding Solutions, LLC. The Board rescinded the prior order dismissing the lien of Physician Funding Rancho Cucamonga and Rx Funding Solutions Rancho Cucamonga. The WCJ's report, which was adopted by the Board, provided the reasoning for this decision. This order reinstates the dismissed liens.

Physician Funding SolutionsLLCRx Funding SolutionsLLCPetition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardWCJ ReportGrant ReconsiderationRescind Order
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
Case No. ADJ10201509
Regular
Aug 28, 2019

ANGELA GARCIA vs. MANI BROTHERS NINE THOUSAND DE, LLC

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by lien claimant Qualified Billing and Collections, LLC, in the case of Angela Garcia v. Mani Brothers Nine Thousand DE, LLC. The Board adopted the findings of the workers' compensation administrative law judge, finding no evidence of fraud by the defendant concerning a deposition. Additionally, the Board admonished the lien claimant's representative for attaching inadmissible exhibits to their petition, warning of future sanctions for non-compliance with Board rules. Consequently, the petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportlien claimantfrauddepositionIlona KulikovaQualified Billing and CollectionsLLCAppeals Board Rule 10842(c)
References
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
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