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

Case No. ADJ7663703
Regular
Jun 10, 2013

ANABEL TREVINO vs. M&R PACKING, WAUSAU INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by applicant Anabel Trevino that the Workers' Compensation Appeals Board (WCAB) dismissed. The WCAB found the petition was untimely because it was filed more than 25 days after the initial decision. The WCAB adopted the administrative law judge's report recommending dismissal, noting the petition did not address the merits of the case. Consequently, the WCAB ordered the Petition for Reconsideration dismissed as both untimely and lacking merit.

Petition for ReconsiderationUntimelyDismissalLabor Code section 5903Code of Civil Procedure section 1013Workers' Compensation Appeals BoardWCJReport and RecommendationApplicantDefendants
References
Case No. RIV 0046548
Regular
Dec 27, 2007

MARIA GAMA vs. KINRO, INC., ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing a lien claim filed by Strohbach Chiropractic. The dismissal was based on the lien claimant's failure to appear at a conference and failure to object to a notice of intention to disallow the lien. The WCAB found that a dismissal solely for non-appearance is not a proper disallowance on the merits and does not provide due process. The case was returned to the trial level for a decision on the merits of the lien.

WCABReconsiderationLien ClaimantDismissalFailure to AppearDue ProcessDeclaration of ReadinessLien ConferenceNotice of Intention to DisallowCompromise and Release
References
Case No. ADJ3767193
Regular
Nov 28, 2012

MARIA CARMEN LEMUS vs. J. G. BOSWELL COMPANY, ACCLAMATION

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by J.G. Boswell Company and Acclamation against Maria Carmen Lemus. The dismissal was primarily because the Petition was not verified. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the Petition for Removal was dismissed in its entirety.

Petition for RemovalDismissalVerified PetitionWorkers' Compensation Appeals BoardWCJ ReportMeritProcedural DefectLegal DocumentAdministrative Law JudgeApplicant
References
Case No. LAO 0726907
Regular
May 29, 2007

HABTNESH EZRA vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES

Applicant's counsel, Martin Reiner, is denied disqualification of the Appeals Board and ordered to pay $\$ 2,500$ in sanctions. The Board found Reiner's written comments to be intentionally disruptive and without merit, and his response did not provide good cause to avoid sanctions or grounds for disqualification. The sanctions imposed do not impact the applicant's right to representation or a hearing on the merits of her case.

DisqualificationSanctionsApplicant's CounselWillful IntentDelay ProceedingsImproper MotiveWithout MeritWorkers' Compensation Appeals BoardLabor CodeCalifornia Code of Regulations
References
Case No. ADJ8462686, ADJ8462674, ADJ8462669, ADJ8458516, ADJ8454515
Regular
May 06, 2016

BENIGIA SANTANA vs. TRI-S ENTERPRISES, INC., WESCO INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded a WCJ's order dismissing a lien claim, and remanded the matter for a hearing on the merits of the lien. The WCAB also reduced sanctions imposed on the lien claimant's representative from \$500 to \$100, citing the policy to favor hearings on the merits. While the representative's tardiness and conduct were not condoned, dismissal was deemed too severe a penalty.

Workers' Compensation Appeals BoardLien claimantReconsiderationWCJOrder Dismissing LienCompromise and ReleaseSanctionsLabor Code section 5813Hearing representativeTardiness
References
Case No. ADJ2200491 (OXN 0142346)
Regular
Aug 23, 2010

MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.

Workers' Compensation Appeals BoardReconsiderationLien DismissalLien ConferenceCompromise & ReleaseIndustrial InjuryLumbar SpineMedical TreatmentCompound MedicationsDeclaration of Readiness to Proceed
References
Case No. ADJ3194339 (SFO 0437494) ADJ3391559 (SFO 0494203) ADJ748288 (SFO 0494205)
Regular
Feb 18, 2010

AMED NAGI ALI vs. ABLE MAINTENANCE COMPANY, CONTINENTAL INSURANCE COMPANY, ALASKA NATIONAL INSURANCE COMPANY, FARMERS INSURANCE COMPANY

The Appeals Board granted reconsideration to reinstate the applicant's three workers' compensation cases, which had been dismissed without prejudice. The applicant successfully argued that dismissal orders were erroneously reinstated because notices were sent to an incorrect address while he was out of the country. The Board found the petition was timely filed and emphasized the public policy favoring disposition of cases on their merits, particularly for unrepresented employees. The cases are now returned to the trial level for further proceedings and a decision on the merits.

ReconsiderationOrder Reinstating Orders of DismissalRescindedDismissal without prejudiceIndustrial InjuryHead InjuryCardiovascular SystemRespiratory SystemStressWrong Address
References
Case No. ADJ7042967
Regular
Jul 08, 2013

RAFAEL HERNANDEZ MOYADO vs. A 1 COAST RENTALS; ATHENS ADMINISTRATORS; MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim filed by Agency Rehab (represented by Innovative Medical Management). The lien was dismissed for failure to pay the required lien activation fee, as mandated by Labor Code §4903.06. The WCJ found no merit to the lien claimant's argument that electronic system errors excused the payment. The Appeals Board adopted the WCJ's report and found the petition lacked merit.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdenial of reconsiderationdismissal on the meritslien claimantlien activation feeEAMS systemLabor Code §4903.06lien conference
References
Case No. ADJ1297763
Regular
Dec 16, 2010

MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES

This case concerns a lien claimant, Frontier Medical Inc., whose lien for durable medical equipment was dismissed by a WCJ for failing to appear at a scheduled lien trial. The lien claimant argued their non-appearance was an inadvertent mistake and that they were entitled to a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and remanded the case for further proceedings. The Board emphasized the legal policy favoring hearings on the merits, especially in workers' compensation cases, and found the lien claimant's explanation for non-appearance warranted further consideration.

Workers' Compensation Appeals BoardLien claimantLien trialNotice of Intention to DismissDue processHearing on the meritsSanctionsLabor Code section 4903(b)Durable medical equipmentInadvertent mistake
References
Case No. ADJ1392488 (MON 0279361)
Regular
Oct 18, 2011

SCARLET PATTERSON vs. CITY OF LOS ANGELES, PSI

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration. The Board adopted the findings of the administrative law judge, stating the petition was untimely and unverified. Even if timely, reconsideration would have been denied on the merits based on the judge's report.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportuntimelyunverifieddismissalmeritsRONNIE G. CAPLANEDEIDRA E. LOWEFRANK M. BRASS
References
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