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

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. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. MISSING
Regular Panel Decision

Cooper Square Hotel, LLC v. Assured Source National, LLC

Petitioner Cooper Square Hotel, LLC sought to discharge a mechanic's lien filed by respondent Assured Source National, LLC against its property. The petitioner argued that the lien should be discharged due to waivers of mechanic's liens executed by the respondent and Angel Construction Group, LLC, and because the respondent, a Professional Employer Organization (PEO), is not entitled to assert a mechanic's lien under Lien Law § 3. The court acknowledged that factual issues regarding the waivers and payments would warrant discovery. However, the court ultimately determined that the respondent, as a PEO, failed to overcome the presumption that it did not provide labor, citing *Tri-State Empl. Servs. v Mountbatten Sur. Co.* as precedent. Consequently, the court granted the petition and ordered the discharge of the mechanic's lien.

Mechanic's LienProfessional Employer OrganizationPEOLabor LawLien LawWaiver of LienConstruction ManagementPayroll FinancingCo-employerNew York State Law
References
3
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
References
3
Case No. ADJ4525685
Regular
Apr 08, 2011

MAGDALENA CASTILLEJA vs. COUNTY OF TULARE, AMERICAN HOME ASSURANCE COMPANY

This case involves a lien claimant, Summit Surgical Center (formerly Sierra Pacific Surgical Center), seeking reconsideration of a decision denying their lien for $11,799.50. The Workers' Compensation Appeals Board denied reconsideration because the lien claimant failed to provide any legal or factual support for their petition. The Board also issued a Notice of Intention to Impose Sanctions of $500 against the lien claimant and their representative for filing a frivolous and unsubstantiated petition. The lien claimant argued the carrier should be liable for treatment costs without the provider having to prove compensability.

WCABPetition for ReconsiderationLien ClaimantIndustrial InjuryAOE/COEMedical TreatmentMedical Legal ServicesSanctionsLabor Code § 5813Bad Faith
References
0
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
0
Case No. ADJ1787217
Regular
Jul 27, 2011

OFELIA LLAMAS vs. SUN TEN LABORATORIES INC., ZENITH INSURANCE CO.

The Appeals Board denied a lien claimant's petition for reconsideration, upholding the disallowance of their liens for unauthorized treatment outside the Medical Provider Network (MPN). The lien claimant's arguments regarding defendant's denial of benefits and MPN notification failures were rejected, as the evidence showed timely MPN care was offered and the MPN notification issue was not raised at trial. The Board also initiated sanctions against the lien claimant's representative for filing a frivolous petition citing non-existent documents and outside evidence, finding this constituted bad faith and a waste of Board resources.

Workers' Compensation Appeals BoardLien ClaimantMPN providersunauthorized treatmentself-procure medical treatmentMPN employee notification requirementsCCR 9767.12reasonableness and necessityPetition for ReconsiderationOrder of Removal
References
1
Case No. ADJ717785 (MON 0357270) ADJ2210479 (MON0357271) ADJ4156131 (MON 0357272) ADJ2088727 (MON 0357273)
Regular
Oct 12, 2010

GABRIELA MEDINA vs. INNOVATIVE FACILITY SERVICES, GALLAGHER BASSETTELK GROVE

This case involves a lien claimant, Arthur Malkin, D.C., seeking "re-reconsideration" of a prior denial of his lien claim. The Workers' Compensation Appeals Board dismissed the petition because it was improperly brought, untimely filed, and constituted a successive petition on the same issues. The Board also directed the Workers' Compensation Judge to address the defendants' pending petition for costs, sanctions, and attorney's fees against the lien claimant.

Lien claimantPetition for reconsiderationDismissalNewly discovered evidenceLabor Code section 3600(a)(10)Post-termination filingWCJEAMS errorPetition for costssanctions
References
9
Case No. ADJ3548368
Regular
Apr 29, 2011

CRISOFORO GARCIA vs. RON ELLIS RACING STABLE, CHARTIS COSTA MESA

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board found that the lien claimant failed to meet its burden of proof by not presenting any supporting evidence at trial. Consequently, the Board issued a notice of intention to impose sanctions of $250 against the lien claimant and its representative for filing a frivolous and unsubstantiated petition.

WCABLien ClaimantPetition for ReconsiderationBurden of ProofMedical EvidenceUtilization ReviewSanctionsLabor Code § 5813Frivolous PetitionSkeletal Petition
References
2
Case No. ADJ4305848 (VNO 0500451) ADJ1421355 (VNO 0500448) ADJ3686141 (LAO 0853683) ADJ1772068 (LAO 0853682)
Regular
Oct 01, 2010

ROSA MACIAS vs. GLENRIDGE CENTER, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely filed and not from a final order. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the lien claimant for failing to appear at trial and filing a procedurally deficient petition. Sanctions are warranted due to the lien claimant's failure to comply with procedural obligations and filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Lien ClaimantNotice of IntentionCompromise and ReleaseBoard Rule 10562Untimely Filing
References
10
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