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Case Law Database

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

Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. ADJ3193987 (RIV 0037219)
Regular
Feb 26, 2009

DOUGLAS CRAWFORD vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO

This case involves a lien claimant, Forensic Psychiatric Services, whose lien was initially slated for disallowance due to an unprepared representative at a conference. The lien claimant petitioned for the Workers' Compensation Administrative Law Judge's (WCJ) disqualification, alleging bias and an unwarranted opinion. The Appeals Board denied the disqualification petition, finding insufficient grounds. However, they granted the lien claimant's objection to the disallowance notice, rescinded it, and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardForensic Psychiatric ServicesPetition for DisqualificationNotice of Intention to Disallow Lien ClaimWorkers' Compensation Administrative Law Judgeunprepared lien representativeunqualified opinionevinced enmityWCAB Rule 10452objection to NOI
References
0
Case No. ADJ4274309 (VNO 0537036) ADJ2544417 (VNO 0537037)
Regular
Jul 07, 2009

HIPOLITO GOMEZ vs. HIGHLAND PARK GUEST HOME, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

This case concerns lien claimants seeking reconsideration of disallowed liens for failure to appear at a lien trial due to a family emergency. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the prior order disallowing the liens was issued hastily. The WCAB rescinded the disallowance order and returned the matter to the trial level for further proceedings and a new decision. The Board agreed with the WCJ's recommendation that the lien claimants should be allowed to prosecute their claims based on their merit.

Workers' Compensation Appeals BoardLien claimantsReconsiderationOrder Disallowing LiensNotice of Intention to DismissCompromise and ReleaseIndustrial InjuryHearing RepresentativeFamily EmergencyDue Process
References
0
Case No. ADJ405114 (ANA 0361653 ) ADJ3423623 (ANA 0402305)
Regular
Feb 13, 2012

JOSE ROSALES vs. DYNAMIC DETAIL, BARRETT BUSINESS SERVICES INC.; INTERCARE, BROADSPIRE, CORVEL

This case involves a Petition for Reconsideration filed by lien claimants, L. A. Regional Surgical Center and Isaac Verbukh, M.D., regarding an order disallowing their liens. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 20 days after the lien claimants received the Order Disallowing Liens on November 21, 2011. Although the WCJ's calculations regarding the objection to the Notice of Intention to Disallow Liens were erroneous, this did not affect the untimeliness of the petition for reconsideration. The Board emphasized that the 20-day period for filing a petition for reconsideration is jurisdictional.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Disallowing LiensLien ClaimantsTimelinessLabor Code Section 5903Jurisdictional Time LimitUntimely PetitionProof of ServiceService of Order
References
4
Case No. VNO 0402475
Regular
Aug 14, 2008

TOMAS LANDAVERDE vs. SIMON & SIMON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an order disallowing a lien claimant's claim. The original order was based on the lien claimant's failure to appear at a lien trial. The Board rescinded the disallowance order, finding it procedurally defective under California Code of Regulations, title 8, section 10562. The matter was returned for further proceedings, with the Board suggesting the judge consider sanctions against the lien claimant for failing to appear without adequate excuse.

Petition for ReconsiderationOrder Disallowing Lien ClaimLien TrialExcusable NeglectNotice of Intention to DisallowCalifornia Code of RegulationsSection 10562Exceeded JurisdictionDefective ServiceOfficial Address Record
References
1
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ6117605
Regular
Sep 13, 2011

ALFONSO ALCARAZ vs. HRONIS, INC., ZENITH INSURANCE COMPANY

Lien claimants Dr. Payman and Silver Orthopedic Center sought reconsideration of a WCJ's order disallowing their liens, alleging newly discovered evidence. Their petitions were dismissed as moot because the original order had been rescinded, and also found untimely and "skeletal" for failing to adequately state grounds or evidence. The Appeals Board is now removing the case for potential sanctions against the lien claimants due to the frivolous nature of their petitions. The Board intends to impose a $250 sanction on each claimant unless they demonstrate good cause to the contrary.

RemovalSanctionsReconsiderationLien ClaimantSkeletal PetitionUntimely PetitionMootNew EvidenceLabor Code Section 5813Appeals Board Rule 10561
References
29
Case No. ADJ2349671 (LAO 0787649) ADJ678557 (POM 00245222) ADJ767632 (POM 00245221)
Regular
Apr 19, 2010

BLAS MARIN vs. WEST COAST COMMUNICATIONS, and CONTINENTAL CASUALTY COMPANY

Applicant Blas Marin's petition for reconsideration of the Compromise and Release (C&R) is denied as untimely filed, though issues regarding fraud in the C&R execution can be pursued via a petition to reopen for good cause. Lien claimant Southern California Mental Health & Assessment Centers/Azadeh Rahimi, Ph.D.'s petition for reconsideration is granted because the Workers' Compensation Judge (WCJ) improperly disallowed the lien without following proper procedure. The WCJ's order disallowing the lien is rescinded, and the matter is returned for further proceedings. Applicant's counsel was substituted on January 22, 2010, rendering previous filings by former counsel invalid.

Workers' Compensation Appeals BoardBlas MarinWest Coast CommunicationsContinental Casualty CompanyCNA Claim PlusGallagher Bassett ServicesADJ2349671ADJ678557ADJ767632Petition for Reconsideration
References
11
Case No. ADJ7018746
Regular
May 21, 2012

Clementina Morales vs. El Bajio Packing, Redwood Fire and Casualty Insurance Company, Berkshire Hathaway, State Compensation Insurance Fund

The Appeals Board dismissed the lien claimant's petition for reconsideration because it was improperly filed and not a final order. However, the Board granted removal on its own motion to address the WCJ's problematic order disallowing the lien. The Board vacated the WCJ's order and returned the matter to the trial level for further proceedings, including a determination of the lien claimant's objection and potential sanctions. This action was taken to ensure due process and address procedural errors concerning the lien's disallowance.

WCABLien ClaimantPetition for ReconsiderationRemovalWCJOrder Disallowing LienDue ProcessExcusable MistakeComp and ReleaseDeclaration of Readiness
References
11
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