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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. 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. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
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
Case No. ADJ7207713; ADJ7564833 ADJ7225655
Regular
Feb 05, 2013

CARMEN CARRASCO vs. LOS ANGELES DODGERS, ACE INSURANCE COMPANY

This case concerns lien claimants whose liens were dismissed for failing to appear at a lien conference. The Appeals Board granted reconsideration, rescinding the dismissal for Metropolitan Health Medical Group due to insufficient proof of service. However, the dismissals for Kohanim Chiropractic and Marina Kuznetsova were affirmed due to their failure to appear and lack of objection. The matter for Metropolitan Health Medical Group is remanded for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensLien ConferenceExcusable NeglectProof of ServiceRescinded DismissalAffirmed DismissalTrial Level ProceedingsCalifornia Code of Regulations
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. ADJ3184041 (VNO 0534760)
Regular
Jan 31, 2013

JOSE CASANOVA vs. CHARTIS/NATIONAL UNION FIRE INSURANCE, G4S SECURE SOLUTION/ THE WACKENHUT CORP.

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a prior order that declined to dismiss three lien claims. The Board found that the lien claimants had proper notice and opportunity to object to dismissal, but failed to do so. Consequently, the Board rescinded the prior order and dismissed the lien claims with prejudice. This decision clarifies that bundling lien claimants in a single Notice of Intention to Dismiss does not deny due process if proper notice is provided.

Petition for RemovalNotice of Intention to Dismiss LiensWCJLien ConferenceCompromise and ReleaseDue ProcessWCAB Rule 10770.1(h)WCAB Rule 10562(d)(1)Dismissal with PrejudiceLien Claimants
References
Case No. ADJ4130207 (ANA 0407943)
Regular
Jan 14, 2013

ALEJANDRA ZATARAIN, aka WENDY OSUNA vs. onE SOURCE; ACE as administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing lien claimant New Age Translations' lien. The dismissal occurred without notice to the lien claimant, and the Board found this procedurally improper. A subsequent agreement between parties settling the lien would have been meaningless if the dismissal remained in place. The Board's order allows the parties to resolve the lien in accordance with their agreement.

Lien DismissalPetition for ReconsiderationWorkers' Compensation Appeals BoardLien ClaimantOrder of Lien DismissalNotice of Intent to DismissWCJRescindedSettlement AgreementAdministrative Law Judge
References
Case No. ADJ9407205
Regular
Jan 05, 2018

ELLIE KAUCHER vs. PACIFIC OAKS EDUCATION CORP., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Removal because no order dismissing their lien had been issued, rendering them not aggrieved. Additionally, the petition was dismissed for failing to include proof of service on an adverse party, which is a statutory requirement. The lien claimant failed to appear at a lien conference, prompting a Notice of Intention to Dismiss, but no actual dismissal order was made. Therefore, the Board found the petition procedurally defective and without merit.

Petition for RemovalLien ClaimantOrder of Dismissing LienWorkers' Compensation Appeals BoardNotice of Intention to Dismiss LienProof of ServiceAdverse PartyLabor Code Section 5905Aggrieved PartyLien Conference
References
Case No. ADJ7740956
Regular
Sep 01, 2012

MARIA FUENTES vs. WHOLE FOODS MARKET, ACE/USA, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim from Vanguard Psychiatric Group. The dismissal was based on the lien claimant's failure to appear at a conference and timely object, but the Board found the lien was not properly filed at the time of dismissal. Therefore, Vanguard was not a party and not properly served with notice, entitling it to a hearing on the merits of its lien.

ReconsiderationOrder Dismissing LienLien ClaimantWCJLien ConferenceNotice of Intention to DismissObjectionGood CauseMerits of LienCompromise and Release
References
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