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

Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
Case No. ADJ4297322
Regular
Apr 26, 2013

ARTURO SALAS vs. BAY CITY CONTAINERS, COMPWEST INSURANCE COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed by the WCJ for failing to appear at a lien conference. The lien claimant argued they filed an objection and that dismissal for non-appearance was improper under Rule 10562. Although the petition was deemed timely filed as the claimant received the dismissal order late, the Appeals Board dismissed the petition due to procedural defects. Specifically, the petition was not properly served on adverse parties and lacked specific references to the record and applicable law as required by Board rules.

WCABlien claimantpetition for reconsiderationorder dismissing liennotice of intention to dismiss lienlien conferencefailure to appearobjectionserviceLabor Code section 5903
References
12
Case No. ADJ6690599
Regular
Jul 05, 2013

MARIA MORENO vs. KELLY SERVICES, INC.; Permissibly SelfInsured, Administered By ESIS

The Workers' Compensation Appeals Board granted Defendant Kelly Services' petition for reconsideration, reversing the trial judge's decision to admit certain lien claimant exhibits and award payment. The Board found that lien claimant Foundation Medical Group (FMG) failed to comply with Labor Code section 4903.8(d) by not submitting required declarations for its billing records. The case is returned to the trial level for further proceedings regarding FMG's lien. Additionally, the Board dismissed lien claimant Express Case Management's petition for reconsideration as untimely.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLabor Code section 4903.8(d)Declaration under penalty of perjuryIndustrial injuryLow back injuryCompromise and ReleaseLien trialMedical bills
References
0
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
3
Case No. ADJ8254917
Regular
May 07, 2015

ALEJANDRO LOPEZ vs. CALPAC PAINTINGS AND COATINGS ACQUISITIONS, COMPANION PROPERTY AND CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the administrative law judge's (WCJ) decision disallowing a lien claim and imposing sanctions. The WCJ had found that the lien claimant, San Diego Imaging, Inc. (CIS), failed to provide sufficient evidence of reasonable charges and registration compliance. The Appeals Board found that CIS's claim of exemption under Business and Professions Code § 22451(b) as an agent of a State Bar member should be considered, and the case was returned for further development of the record at the trial level. CIS should be allowed to present evidence regarding its exemption and the compensability of its lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDecision After ReconsiderationBusiness and Professions CodeRegistration ExemptionPhotocopy ServicesIndependent ContractorMember of the State BarWCJ Decision Rescinded
References
3
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. ADJ3653158 (MON 0338459)
Regular
Jul 16, 2010

SOBEYDA M. LOPEZ (JARKINS) vs. J&M SALES, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, finding that the WCJ improperly rescinded her prior decision. Lien claimants' petition for reconsideration was denied as it was untimely filed, making the WCJ's initial December 16, 2009 decision final. The WCAB rescinded the WCJ's subsequent orders of January 27, 2010, and April 28, 2010, thereby reinstating the December 16, 2009 decision which disallowed the lien claimants' claims. The WCAB also found the lien claimants' objection to the WCJ's intent to submit on the record to be untimely filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsWCJ AuthorityRescission of OrderTimeliness of FilingLabor Code Section 5903Jurisdictional Time LimitFinal OrderBoard Rule 10859
References
10
Case No. ADJ7998888
Regular
Sep 13, 2013

GARY HERNANDEZ vs. WESTERN TEAR OFF, ZURICH NORTH AMERICAN

Lien claimants sought reconsideration after their liens were reduced by a WCJ without an evidentiary record, arguing a denial of due process. The Board granted reconsideration, finding the WCJ failed to create an adequate record by not admitting exhibits into evidence. Without a proper record to review, the Board rescinded the WCJ's orders. The matter was returned to the trial level for further proceedings, including a lien trial, as the lien claimants' petition for reconsideration was deemed timely filed.

Workers' Compensation Appeals BoardLien claimantsReconsiderationDue processEvidentiary recordCompromise and Release AgreementStipulationIndustrial cumulative traumaBurden of proofAdmitted exhibits
References
0
Case No. ADJ4637163
Regular
Sep 09, 2013

KATHY GLENN FIRMALO vs. JOHN C. FREMONT HEALTHCARE, DISTRICT; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of a lien claim. The lien claimant argued improper service of hearing notices, but the Board found their status as an unrepresented claimant allowed for direct service. Electronic records confirmed the lien claimant was in the Official Address Record at the time of service. The Board adopted the Administrative Law Judge's reasoning, emphasizing that the lien claimant provided no factual basis to rebut the service records.

WCABPetition for ReconsiderationDenying PetitionOrder Dismissing LienLien ClaimantUnrepresented Lien ClaimantNotice of RepresentationElectronic Adjudication Management SystemEAMSOfficial Address Record
References
0
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