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

Case No. ADJ8148545, ADJ8147711
Regular
Feb 05, 2014

LAZARO GUERRERO vs. UNITED PLUMBING SERVICE INC., BERKLEY SPECIALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien for failure to pay the lien activation fee. This dismissal was rescinded because a federal court injunction prohibited the enforcement of the lien activation fee provisions of Labor Code section 4903.06. The case is returned to the WCJ for further proceedings, including consideration of the defendant's request for attorney's fees.

Petition for ReconsiderationLien Activation FeeLabor Code section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerWCJ Order RescindedLien ClaimantWorkers' Compensation Appeals BoardFurther ProceedingsAttorney's Fees
References
Case No. ADJ7476466
Regular
Jul 17, 2013

JESUS AGUILAR vs. ROSABLA A. SAWERS, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP., AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Greenway Clinic's Petition for Reconsideration, upholding the dismissal of its lien. Greenway argued that electronic system malfunctions prevented timely payment of a lien activation fee required under Labor Code section 4903.06. However, the Board found this section inapplicable to liens filed after January 1, 2013, which are subject to a filing fee under section 4903.05. Because Greenway's lien was filed in 2013 without the required filing fee, it was deemed invalid and dismissed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationLien activation feeElectronic Adjudication Management SystemLabor Code section 4903.06Declaration of Readiness to ProceedCompromise and ReleaseLien filing feeInvalid lien
References
Case No. ADJ6566169
Regular
Feb 18, 2014

DAMING CAO vs. PRIME WHEEL CORP., PACIFIC COMPENSATION INSURANCE CO.

This case involves a lien claimant whose lien was dismissed for failure to pay an activation fee and appear at a conference. The lien claimant had settled its claim with the defendant the day prior and withdrawn its lien. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision was based in part on a preliminary injunction enjoining enforcement of lien activation fee provisions, as well as the lien claimant's timely settlement notification.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceSettlement AgreementLabor Code section 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRule 10770Lien Resolution
References
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. ADJ7324743
Regular
Sep 13, 2013

DIANA GARCIA vs. USA STAFFING INC., INTERCARE

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration of an order dismissing a lien claim. The lien claimant, Dr. Ashden, failed to pay the required lien activation fee before the commencement of the lien conference. The WCAB found this dismissal mandatory under statute and precedent, and ignorance of the law was not a valid excuse. Therefore, the lien was dismissed for failure to comply with the statutory fee requirement.

Lien activation feePetition for ReconsiderationFigueroa en bancCalifornia Code of Regulations title 8 section 10848Lien claimantOrder Dismissing Lien ClaimWorkers' Compensation Appeals BoardLabor Code section 4903.06Lien conferenceCompromise and Release
References
Case No. ADJ7897684
Regular
Jan 16, 2014

BALTAZAR MELENA CORTEZ vs. KIMCO, permissibly self-insured, administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing California Imaging's lien claim for failure to pay a lien activation fee. This decision was based on two grounds: a federal court injunction enjoining enforcement of the fee provisions and the lien claimant's argument that the fee was not due before a lien trial in 2013. The WCAB clarified that the lien activation fee was only required at a lien conference held after January 1, 2013, which had not occurred in this case. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantLien Activation FeeLabor Code Section 4903.06Petition for ReconsiderationWCJLien TrialLien ConferenceCompromise and ReleasePreliminary Injunction
References
Case No. ADJ1197547
Regular
Apr 02, 2013

RAMON LARIOS vs. STAFFMARK INC. WEST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR ATLANTIC INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing N-Care's lien claim. N-Care failed to pay the required $100 lien activation fee before their lien conference, and a stipulation was entered acknowledging this failure. While N-Care paid the fee shortly after the order of dismissal was issued, the Board found this was not timely compliance with the regulation requiring payment prior to the lien conference or at its commencement. The Board adopted the judge's reasoning that payment "at" the hearing meant at the time the hearing commenced, not at some later point during the same day.

Lien activation feeDWC emergency regulation 10208(a)Labor Code section 4903(b)Petition for ReconsiderationOrder Dismissing LienDeclaration of Readiness to Proceedlien conferenceworkers' compensation administrative law judgeEAMS systemdisposition
References
Case No. ADJ7562078, ADJ7562289
Regular
Jul 01, 2013

JACK PHILLIP ARBALLO, JR. vs. NATURE'S BEST, TOKIO MARINE TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a joint order dismissing Orthomed LLC's lien claims. The dismissal was based on Orthomed's alleged failure to pay a lien activation fee and appear at a lien conference. However, the Board found that notice of the conference was improperly issued to Orthomed in one case and not at all in another. Consequently, the lien claim in one case was improperly dismissed and is returned for further proceedings, while the lien claim in the other case may still be dismissed if the fee was indeed not paid.

Lien activation feeLabor Code section 4903.06Joint Order Dismissing LienCompromise and Releaselien claimantNotice and Request for Allowance of LienDeclaration of Readiness to Proceedlien conferenceElectronic Adjudication Management SystemMinutes of Hearing
References
Case No. ADJ7407927; ADJ7407928
Regular
Mar 12, 2013

JOSE PEDRO SOTO vs. MARATHON INDUSTRIES, INC., HARTFORD INSURANCE CO. OF THE MIDWEST

This case involves defendant Marathon Industries' petitions to rescind orders that reinstated dismissed liens. The WCJ had rescinded the dismissals, finding lien activation fees were paid timely or were not required. However, the Appeals Board ruled that the lien claimants failed to prove prior timely payment of activation fees as required by statute and regulations. Therefore, the Board granted the petitions, rescinded the reinstatement orders, and reinstated the original orders dismissing the liens with prejudice.

WCABRemovalPetition for RemovalLien DismissalLien Activation FeeLabor Code Section 4903.06(a)(4)WCAB Rule 10859Administrative Director Rule 10208(a)EAMSPrior Timely Payment
References
Case No. ADJ6509620, ADJ6509621
Regular
Apr 25, 2013

MARIA ELENA MENDEZ vs. LE CHEF BAKERY, PACIFIC COMPENSATION INSURANCE CO.

This case concerns the dismissal of a lien claim for failure to pay a lien activation fee under Labor Code section 4903.06. The Appeals Board held that the fee was not required before a lien trial in 2013 if the Declaration of Readiness to Proceed and lien conferences occurred in 2012. The statute's language distinguishes between lien conferences and lien trials, and the fee is not explicitly mandated prior to the latter. Therefore, the dismissal was rescinded, and the matter was returned for further proceedings.

Lien activation feeLabor Code section 4903.06Declaration of Readiness (DOR)Lien trialLien conferenceSenate Bill 863 (SB 863)WCJWCAB RulesPretrial conference statementMedical-legal lien claim
References
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