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

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. SBR 0311033
Regular
Aug 27, 2007

BARBARA L. OTWELL vs. RIVERSIDE COUNTY OFFICE OF EDUCATION, ACE USA

A lien claimant requested reconsideration of a disallowed lien after failing to appear at a hearing. However, the claimant later withdrew their reconsideration request because the parties had resolved the lien issue. Consequently, the Workers' Compensation Appeals Board dismissed the petition for reconsideration.

WCABDisallowed LienReconsiderationLien ClaimantPetition for ReconsiderationWithdrawalResolved LienNotice of IntentionOrder Disallowing LienWCJ
References
Case No. ADJ7224294; ADJ6597177
Regular
Dec 31, 2012

GIOVANNI MENDOZA vs. COBY ELECTRONICS CORP., CHUBB INSURANCE

The Workers' Compensation Appeals Board denied Dr. Nachman Brautbar's petition for reconsideration regarding the disallowance of his lien. The Board affirmed the finding that Dr. Brautbar failed to meet his evidentiary burden to prove the reasonableness and necessity of his services, and that he was not the applicant's treating physician. The Board clarified that lien claimants, like defendants, must prove their case by a preponderance of the evidence, and reliance on outdated case law like *Keifer* is misplaced due to legislative amendments. Furthermore, Dr. Brautbar's failure to appear at conferences and present evidence on raised issues, coupled with procedural errors in his petition, supported the denial.

Lien claimantPetition for ReconsiderationJoint Findings and OrdersWCJindustrial injurypsychelower extremityinternalherniacervical spine
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ2178733 (BAK 0154115)
Regular
May 27, 2014

LIDIA BUENO vs. RAVILA FARM LABOR SERVICES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This case involves a lien claimant, Biocare RX Specialty Pharmacy, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB). Biocare argued the dismissal was erroneous because it had not yet filed a lien. The WCAB granted reconsideration, rescinding the dismissal order. The Board found it lacked jurisdiction to dismiss a lien that had not been filed and that Biocare was improperly dismissed for non-appearance at a lien conference for which it received no notice.

Lien claimantPetition for ReconsiderationOrder to Dismiss LiensWCJBiocare RX Specialty PharmacyElite Lien Servicesjurisdictionfiled lienLabor Code section 4903.5industrial injury
References
Case No. ADJ360587
Regular
May 15, 2009

SERGIO VALADEZ vs. LSG SKY CHEFS, LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, Spine Care and Orthopedic Physicians, whose lien was initially disallowed for failure to appear at a hearing. The lien claimant petitioned for reconsideration, arguing they provided medical services and had objected to the disallowance notice. The WCJ acknowledged a timely objection was filed despite initial file confusion. The Appeals Board granted reconsideration, rescinded the disallowance order, and returned the matter for a hearing on the merits of the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Disallowing LienNotice of Intent to Disallow LienHearing on the meritsRescindedTrial levelMedical servicesWCJ
References
Case No. LAO 0796853 LAO 0796854
Regular
May 20, 2008

ELAINE TREVILLISON vs. ST. MARY MEDICAL CENTER LONG BEACH; permissibly self-insured, administered BY SEDWICK CLAIMS MANAGEMENT

This case involves a lien claimant, Dr. Russell Shah/Beach Medical, seeking reconsideration of their disallowed lien. The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge did not follow proper procedure under WCAB Rule 10562(d) when disallowing the lien. The matter is returned to the trial level for further proceedings on the merits of the lien and potential sanctions against the lien claimant for failing to appear at a prior hearing.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to DisallowWCAB Rule 10562Due ProcessPetition for ReconsiderationOrder Re: Disallowance of LienLien TrialSanctionsLabor Code Section 5813
References
Case No. ADJ7433042, ADJ7433045, ADJ7433048
Regular
Aug 06, 2013

MARIA GOMEZ vs. HARRIS RANCH BEEF CO., AIMS INSURANCE CO.

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a prior decision. The WCJ disallowed the lien claimant's lien for medical treatment, finding that the lien claimant failed to prove the treatment was reasonable and necessary, and its charges were reasonable. The Board affirmed the WCJ's decision, holding that the lien claimant did not meet its evidentiary burden, and denied the petition.

Lien claimantPetition for ReconsiderationJoint Findings of Fact and Ordersubstantial evidencedisallowance of liensCompromise and Releaseuntimely serviceex parte communicationsubstantial medical evidencereasonable and necessary treatment
References
Case No. ADJ7321329
Regular
Dec 01, 2017

ANTONIO HERRERA vs. PANORAMA CITY GLASS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the dismissal of liens by several medical providers. The Workers' Compensation Appeals Board reconsidered an administrative law judge's order dismissing these liens. The Board rescinded the dismissal for three lien claimants (Dr. Haronian, Physical Medicine Institute Encino, and Osteon Surgical Center), finding that their objection to dismissal was improperly disregarded due to a technical filing error regarding representation. However, the dismissal of Dr. Kohan's lien was affirmed because he was unrepresented and therefore Synapse Lien Unit could not object on his behalf.

Workers Compensation Appeals BoardLien claimantsPetition for ReconsiderationOrder Dismissing LiensDue processNotice of RepresentationNon-attorney representativeSynapse Lien UnitNotice of Intent to Disallow LiensLabor Code section 4903.6(b)
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
References
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