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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. 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that lien claimants, like defendants, must prove their case by a preponderance of the evidence, and reliance on outdated case law like *Keifer* is misplaced due to legislative amendments.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. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial level
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. ADJ2889040
Regular
Aug 04, 2009

Rodrigo Ramirez vs. The Ebel Operating Company, State Compensation Insurance Fund

This case involves lien claimant Dr. Moussa Moshfegh, who sought reconsideration after his lien was dismissed for failure to appear at trial. The Board granted reconsideration, rescinded the dismissal, and returned the matter for further proceedings. This action was based on the Judge's acknowledgment that the lien claimant filed a timely objection and that a trial on the merits is generally favored. The decision is not a final ruling on the lien's validity.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder to Dismiss LienNotice of Intention to Dismiss LienTimely ObjectionLien TrialAdministrative Law JudgeFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ6773084
Regular
Apr 08, 2013

ARACELI CAMACHO vs. LENDER PROCESSING SERVICES, HARTFORD INSURANCE

The WCAB granted reconsideration and rescinded the dismissal of Long Beach Medical Center's (LBMC) lien claim. The lien was improperly dismissed as LBMC, not having received notice of a prior lien conference, did not appear and was not yet of record. Although LBMC's petition was initially dismissed as skeletal, the Board's independent review found a due process violation. The case is returned to the trial level for further proceedings regarding LBMC's lien.

Lien ClaimantPetition for ReconsiderationDismissal of LienNotice of Intent to DismissLien ConferenceLien TrialSkeletal PetitionSubstantial JusticeDue ProcessLack of Notice
References
Case No. ADJ7430667
Regular
May 28, 2013

BIN GUO vs. JP ORIGINAL CORPORATION, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded dismissals of several lien claims. The dismissals were based on the failure to pay a lien activation fee prior to a 2013 lien trial. However, the Board found this error due to a recent interpretation of Labor Code section 4903.06. The Board noted that the Declaration of Readiness was filed and the lien conference occurred before January 1, 2013, making the fee payment requirement inapplicable to the lien trial. The matter was returned for further proceedings, with the Board strongly urging consideration of sanctions against the lien claimants' representative for abandoning the trial.

Lien activation feePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDeclaration of ReadinessLien ConferenceLien TrialExcusable NeglectSanctionsLabor Code section 4903.06
References
Case No. LBO 0337853 LBO 0337823
Regular
Jun 05, 2008

RAFAEL RUIZ vs. FARMER BROTHERS COFFEE

The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's request, rescinding the prior order that awarded only $300 of a $9,028 lien. The Board found the trial record inadequate, lacking required findings, stipulations, admitted evidence, and a reasoned decision explaining the basis for the award. The case is returned to the trial level for further proceedings, including a lien conference and potentially a lien trial, to ensure a proper record is created.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOrder to Pay LienWCJLabor Code § 5313Compromise and ReleaseIndustrial InjuryMedical TreatmentLien Conference
References
Case No. ADJ2989133 (LAO 0836794) ADJ6672466
Regular
Sep 14, 2015

VENACIO SALAZAR vs. COUNTY OF LOS ANGELES GENERAL HOSPITAL

This case concerns a lien claimant, Dr. David Brendel, whose lien was dismissed by a WCJ for non-appearance and failure to respond to a Notice of Intention to Dismiss. Dr. Brendel argues he was never properly served with the Notice due to an incomplete address on the defendant's proof of service. Subsequently, another WCJ acknowledged the improper service and set the matter for a lien trial, only for that trial to be taken off calendar. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings on Dr. Brendel's lien claim.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissNon-AppearanceImproper ServiceLien TrialCompromise and ReleaseQualified Medical Evaluator
References
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