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

Case No. ADJ6834877
Regular
Dec 22, 2014

EUSTELIO TELLEZ vs. BORDIERS NURSERY, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Liening Edge, Inc. on behalf of lien claimant Metrics Medical Group. The petition was denied on the merits due to Liening Edge and its "Director of Operations" lacking standing as they were not the official representative of record for Metrics Medical Group. Although the verification technically complied with Labor Code section 5902, the Board adopted the Workers' Compensation Judge's report, which detailed the lien claimant's failure to appear at scheduled hearings and their subsequent improper petition. Therefore, reconsideration was denied and the original decision imposing costs and sanctions was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStandingRepresentative of RecordMetrics Medical GroupLiening EdgeMedical Lien ManagementLabor Code Section 5902Findings and Order
References
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. 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. 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. ADJ6566169
Regular
Feb 18, 2014

DAMING CAO vs. PRIME WHEEL CORP., PACIFIC COMPENSATION INSURANCE CO.

This case involves a lien claimant whose lien was dismissed for failure to pay an activation fee and appear at a conference. The lien claimant had settled its claim with the defendant the day prior and withdrawn its lien. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision was based in part on a preliminary injunction enjoining enforcement of lien activation fee provisions, as well as the lien claimant's timely settlement notification.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceSettlement AgreementLabor Code section 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRule 10770Lien Resolution
References
Case No. ADJ7324743
Regular
Sep 13, 2013

DIANA GARCIA vs. USA STAFFING INC., INTERCARE

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration of an order dismissing a lien claim. The lien claimant, Dr. Ashden, failed to pay the required lien activation fee before the commencement of the lien conference. The WCAB found this dismissal mandatory under statute and precedent, and ignorance of the law was not a valid excuse. Therefore, the lien was dismissed for failure to comply with the statutory fee requirement.

Lien activation feePetition for ReconsiderationFigueroa en bancCalifornia Code of Regulations title 8 section 10848Lien claimantOrder Dismissing Lien ClaimWorkers' Compensation Appeals BoardLabor Code section 4903.06Lien conferenceCompromise and Release
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
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. ADJ7476466
Regular
Jul 17, 2013

JESUS AGUILAR vs. ROSABLA A. SAWERS, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP., AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Greenway Clinic's Petition for Reconsideration, upholding the dismissal of its lien. Greenway argued that electronic system malfunctions prevented timely payment of a lien activation fee required under Labor Code section 4903.06. However, the Board found this section inapplicable to liens filed after January 1, 2013, which are subject to a filing fee under section 4903.05. Because Greenway's lien was filed in 2013 without the required filing fee, it was deemed invalid and dismissed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationLien activation feeElectronic Adjudication Management SystemLabor Code section 4903.06Declaration of Readiness to ProceedCompromise and ReleaseLien filing feeInvalid lien
References
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