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

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. ADJ447233 (LAO 0871857)
Regular
Jan 21, 2010

RENE GONZALEZ vs. GHEYTANCHI INDUSTRIES, INC., GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of R Rene Gonzalez's claim due to procedural ambiguities. The original dismissal was for failure to prosecute, but the applicant argued the Notice of Intention to Dismiss was not timely served alongside the dismissal order. The Board found ambiguity regarding the service of the notice, emphasizing a policy favoring disposition on the merits. Therefore, the case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationDismissalFailure to prosecuteNotice of Intention to DismissServiceTimelinessObjectionGood causeMandatory Settlement Conference
References
Case No. ADJ6937895
Regular
Jan 29, 2014

OSVALDO CALLEROS vs. EL CHOLO CAFÉ, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claimant's lien. Although the lien claimant missed a conference and filed an objection late, the Board found that the treatment was authorized by the defendant and that returning the matter to the trial level would achieve substantial justice. The Board emphasized the public policy favoring disposition of cases on their merits, and that returning the case would allow for fair and equitable resolution without substantial prejudice to the defendant.

Lien ClaimantReconsiderationOrder Dismissing LienEquitableUnjust EnrichmentAuthorized TreatmentLien ConferenceNotice of Intention to DismissObjectionSubstantial Justice
References
Case No. ADJ4337013 (LAO 0779055)
Regular
Sep 26, 2014

PRUDENCIO HIGUERA vs. E & A PALLET, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a dismissal for lack of prosecution. While the dismissal was affirmed, it was amended to be "without prejudice." The majority found the applicant had notice and opportunity to be heard, but a dissenting commissioner argued for allowing the case to proceed on the merits due to the fundamental nature of workers' compensation rights. The case involved an injury from August 1999.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intention to DismissDue ProcessAppeals Board Rule 10582Opportunity to be HeardWithout PrejudiceSubstantial JusticePublic Policy
References
Case No. ADJ7627116
Regular
Nov 03, 2015

Arturo Gallegos vs. Barrett Business Services

The Appeals Board dismissed MH Express Pharmacy's Petition for Reconsideration as untimely filed. However, it granted reconsideration for other lien claimants, rescinded the dismissal of their liens, and returned the matter to the WCJ for a hearing on the merits. This decision was based on the fact that the liens predated the relevant statutory changes and the claimants eventually provided the required supporting documentation. The Board noted that the WCJ should consider sanctions for the delayed compliance.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LienLabor Code Section 4903.8(e)Labor Code Section 4903.5(d)Labor Code Section 4903.8(d)untimely petitionsubstantial justicedisposition on meritsrescinded order
References
Case No. ADJ6806792
Regular
May 14, 2015

NAIMAH LUCKETT vs. CASH CALL, TRAVELERS WALNUT CREEK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's dismissal of lien claimants' liens. The dismissal occurred due to the lien claimants' representative failing to appear at a lien conference. The WCAB found that while there was an admitted calendaring error, the severe sanction of dismissal was not warranted given the circumstances and the goal of achieving substantial justice. The case is returned to the trial level for further proceedings on the merits of the lien claims.

Lien claimantsPetition for ReconsiderationOrder of DismissalWCJAllied Injury Managementlien conferencefailure to appearinadvertent mis-calendaring errordue processsubstantial justice
References
Case No. ADJ8755824
Regular
Oct 27, 2014

ARVIN DORILLO vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE COMPANY

This case involves an applicant, Arvin Dorillo, whose workers' compensation claim was dismissed by the WCJ for failing to appear at two hearings. The Appeals Board granted reconsideration, rescinding the dismissal. They reasoned that the applicant was not in violation of dismissal rules as he was represented by counsel at the hearings. The Board emphasized the policy of disposing of cases on their merits and returned the matter to the trial level for further proceedings. The applicant was cautioned that he must appear in person at future hearings unless he obtains new counsel.

Petition for ReconsiderationOrder Dismissing CaseNotice of Intention to DismissMandatory Settlement ConferenceRelief as CounselSubstantial JusticeDisposition on MeritsRepresented by AttorneyFailure to AppearRescind Order
References
Case No. ADJ1034747 (OXN 0141669) ADJ2556605 (OXN 0134095)
Regular
Jul 23, 2013

JOSE TORRES GARCIA vs. OXNARD RANCH MARKET, INC., SPRINGFIELD INSURANCE COMPANY

This Workers' Compensation Appeals Board decision addresses two lien claimants whose claims were dismissed by an administrative law judge. The Board affirmed the dismissal of Flores & Associates Interpreting Service’s lien, finding they failed to properly object or appear. However, the Board rescinded the dismissal of Dr. Ahmad Vahedian's lien, recognizing his good faith efforts to attend and object by telephone and letter. The case for Dr. Vahedian is remanded for further proceedings to address the merits of his claim.

Lien claimreconsiderationcompromise and releasenotice of intention to dismisslien conferenceproof of serviceobjectiondisposition on meritsinterpreting servicesmedical treatment
References
Case No. ADJ8324040
Regular
Mar 15, 2019

ISAIAS GARCIA vs. CERADYNE, INC.; XL INSURANCE c/o SEDGWICK CLAIMS MANAGEMENT SERVICE

The Workers' Compensation Appeals Board granted reconsideration to lien claimants Technical Surgical Support and Comprehensive Outpatient Surgery Center. The WCJ had disallowed their liens because their Labor Code section 4903.8(d) declarations were filed untimely and not considered part of the record. The Board found that while the declarations were indeed filed late, the liens themselves were filed before January 1, 2013, predating a stricter WCAB rule. The Board rescinded the WCJ's order, returning the case for further proceedings to allow the defendant to examine the declarant and for a merits-based consideration of the liens.

Labor Code section 4903.8(d)lien claimantsPetition for ReconsiderationFindings and OrderWCJDeclaration of Readinesslien hearinguntimely declarationWCAB Rule 10770(c)(8)Mendoza v. Oak Grove
References
Case No. ADJ3333134 (OXN 0130576) MF ADJ1434344 (OXN 0130577)
Regular
Oct 08, 2013

MARYANN HANSEN vs. SAM'S CLUB, AMERICAN HOME ASSURANCE COMPANY as administered by YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration to Sam's Club's petition after an order was issued to pay a $\$12,504.04$ lien without a hearing. While a proof of service indicated Sam's Club was notified of the lien conference, the Board found that Labor Code section 5506 requires a hearing if a defendant fails to appear or object, not a default. Therefore, the previous order was rescinded, and the case was returned to the trial level for a hearing on the merits of the lien claim. The trial judge may also consider sanctions against the defendant for their non-appearance and failure to object.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceNotice of Intention to Allow LienDue ProcessProof of ServiceElectronic Adjudication Management SystemLabor Code Section 5506Substantial JusticeDisposition on Merits
References
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