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

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. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. ADJ7930045
Regular
Jan 17, 2014

MICHAEL NGUYEN vs. WILLIAMS FURNACE, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded dismissal orders for lien activation fee non-payment, and is considering sanctions up to $2,500 against lien claimants and their representatives. This action stems from the lien claimants' claim of not receiving notice of a lien conference, which the Board found to be a false statement of material fact, despite evidence of proper service. The Board will proceed in conformity with a preliminary injunction against lien activation fee enforcement.

Lien activation feePetition for reconsiderationSanctionsFalse statements of factRule 10561Labor Code section 5813Hearing representativesEAMSPreliminary injunctionAngelotti Chiropractic
References
1
Case No. ADJ7594355
Regular
Dec 24, 2013

CRYSTAL OREJEL vs. DOMINOS PIZZA, CORVEL SACRAMENTO, BASSETT BUSINESS SACRAMENTO

This case concerns a lien claimant's failure to pay a lien activation fee, leading to the dismissal of its lien by the WCJ. However, a federal district court injunction against enforcing the lien activation fee provisions of Labor Code section 4903.06, effective November 19, 2013, changes the outcome. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision acknowledges the impact of the injunction on the enforcement of the fee requirement.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWCJ orderRescinded orderReturn to trial levelWorkers' Compensation Appeals Board
References
1
Case No. ADJ4598155 (MON 0360846) ADJ7676810
Regular
Feb 28, 2014

MARIA COVARRUBIAS vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF INSURERS SECURITY FUND

This case involves a lien claimant whose lien was dismissed for failing to pay a required activation fee. However, a federal injunction had suspended enforcement of that fee requirement prior to the dismissal. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB rescinded the dismissal order and returned the case for further proceedings, finding the lien activation fee non-enforceable due to the injunction.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWCJ orderRescinded orderReturn to trial levelWorkers' Compensation Appeals Board
References
1
Case No. ADJ8141174
Regular
Dec 03, 2013

JAIME FLORES vs. HARBOR CHOICE EXPRESS LTD CORP., GREAT AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by a lien claimant's representative, deeming the sanctions order appealable through reconsideration. The WCAB granted reconsideration of an order imposing sanctions for failure to pay a lien activation fee, citing confusion surrounding the fee's enforceability. In light of a federal court's preliminary injunction enjoining enforcement of the lien activation fee provisions, the WCAB rescinded the sanctions order. The case is returned to the trial level for further proceedings.

Labor Code section 4903.06Lien activation feePetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsWCJWorkers' Compensation Appeals BoardPreliminary injunctionAngelotti Chiropractic v. BakerRescinded
References
1
Case No. ADJ8206944
Regular
Dec 31, 2013

KEVIN IXCOY COGUOX vs. AROMA BAKERY AND CAFÉ, FARMERS INSURANCE COMPANY

This case involves a petition for removal and reconsideration of an order imposing sanctions on a lien claimant for failing to pay a lien activation fee. The Appeals Board dismissed the petition for removal as it was not the proper procedural remedy. However, construing the petition as a request for reconsideration, the Board granted it. Due to uncertainty regarding a federal court's preliminary injunction enjoining enforcement of the lien activation fee provisions, the Board rescinded the sanctions order. The matter was returned to the trial level for further proceedings, pending a final federal court determination on the fee's enforceability.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsLien Activation FeeLabor Code section 4903.06Labor Code section 5813Landmark Medical ManagementHealthcare Finance Managementpreliminary injunction
References
1
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