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

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
Case No. ADJ6724203
Regular
Mar 29, 2013

Med-Legal LLC vs.

The Workers' Compensation Appeals Board granted Med-Legal LLC's Petition for Reconsideration, rescinding the dismissal of its lien. Med-Legal claimed its representative was present at the lien conference and never received the Notice of Intention to Dismiss. Due to unclear hearing minutes and conflicting address information, the Board found the record regarding the conference unclear. The case is returned to the trial level for further proceedings to determine the lien's compensability.

Med-Legal LLCPetition for ReconsiderationOrder of Dismissallien conferenceNotice of Intention to DismissMinutes of Hearingrescindedreturned to trial levelillegible recordszip code discrepancy
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. ADJ3457213
Regular
Feb 11, 2020

PATRICIA BECERRA vs. CORPORATE PERSONNEL NETWORK, AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing Med-Rx Funding, LLC's lien. The WCJ dismissed Med-Rx's lien for failing to appear at conferences, but Med-Rx contended its lien was stayed under Labor Code section 4615. The WCAB found that Med-Rx's filings raised the issue of the section 4615 stay, and due process required an evidentiary hearing to determine its applicability. Therefore, the case was returned to the trial level for further proceedings.

WCABMed-Rx FundingLLCLabor Code section 4615lien dismissalnotice of intent to dismissgood causePetition for Reconsiderationdue processfair hearing
References
Case No. ADJ8649778
Regular
Mar 18, 2019

Rand Sessor vs. AKH COMPANY, INC., THE HARTFORD INSURANCE COMPANY, Cannon Cochran Management Services, Inc.

This case concerns a lien claim by Med-Legal Photocopy for services rendered to applicant Rand Sessor. The Workers' Compensation Appeals Board (WCAB) granted Med-Legal's petition for reconsideration, reversing the WCJ's finding that the lien was untimely. The WCAB held that the lien was timely filed within the 18-month statutory period under Labor Code section 4903.5, as the date of service was established by an invoice and accompanying records sent on September 11, 2013. Consequently, Med-Legal's lien was found to be valid.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLabor Code section 4903.5Statute of limitationsDate of serviceIndustrial injuryCompromise and ReleaseSubpoena duces tecumInvoice
References
Case No. ADJ2855195 (VNO 0550470)
Regular
Feb 06, 2014

MARCELO RUEDA vs. DRIVE SERVICE, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of a WCJ's decision awarding $7,200 for shockwave therapy to the applicant's elbows. The Board found that the lien claimant failed to establish the medical reasonableness and necessity of the treatment, as the Agreed Medical Examiner's opinion did not specifically endorse shockwave therapy. The WCJ's exclusion of the defendant's utilization review denial letters was also questioned, but the Board reopened the record to allow for further development of evidence regarding the treatment's necessity. Consequently, the matter was returned to the trial level for further proceedings and a new decision.

Utilization Reviewshockwave therapymedical necessityAgreed Medical Examinerdeposition testimonydue processdevelopment of recordlien conferencePetition for ReconsiderationFindings and Award
References
Case No. ADJ7902535
Regular
Dec 02, 2013

MARIA SANCHEZ vs. TARGET CORPORATION

In this workers' compensation case, the Appeals Board denied California Imaging Solutions' petition for reconsideration. The Board also dismissed AR Med Management's petition for reconsideration on behalf of Dr. Saghafi and Spectrum Medical Supply because it was not timely filed. Even if timely, the AR Med Management petition would have been denied on its merits. The Board adopted the findings of the administrative law judge in both instances.

Workers' Compensation Appeals BoardPetition for ReconsiderationAR Med ManagementCalifornia Imaging SolutionsWCJ Reporttimely-filedmeritsSpectrum Medical SupplyDr. SaghafiTarget Corporation
References
Case No. ADJ9168564
Regular
Feb 23, 2016

Gloria Alvarez vs. G6 HOSPITALITY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by G6 Hospitality and Liberty Mutual, seeking to overturn an order to pay the lien of Work Med in full. The defendants failed to appear at a lien conference and did not object to a Notice of Intent to allow the lien. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found no legal grounds to set aside the order. The Board noted that the defendants' failure to track the case did not excuse their default.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLien ConferenceNotice of IntentLien ClaimantProof of ServiceMinute OrderLiberty MutualG6 Hospitality
References
Case No. ADJ6742798
Regular
Jan 18, 2013

WILFREDO JUAREZ vs. CIRCUIT CITY STORES, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed lien claimants' petitions for reconsideration because they were filed untimely. The petitions challenged prior orders dismissing their liens due to non-appearance at a lien conference. Despite contentions about notice and settlement authority, the Board found the petitions were filed three days after the jurisdictional deadline. Even if timely, the petitions would have been denied on the merits based on the judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceDismissal OrderTimelinessService by MailDeclaration of ReadinessWCAB Rule 10562Presumption of ReceiptProof of Service
References
Case No. ADJ9441801 ADJ10298288
Regular
Jul 21, 2017

PAULA WALTON vs. PORTS AMERICA, DISCOVERY RE, GALLAGHER BASSETT, SSA CONTAINERS, INC., METRO RISK MANAGEMENT

In this workers' compensation matter, the Appeals Board granted Ports America's Petition for Reconsideration. The Board rescinded the Administrative Law Judge's (ALJ) Joint Findings and Order of July 17, 2017. The case is now returned to the trial level for further proceedings by the ALJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderWCJPorts AmericaDiscovery ReGallagher BassettSSA ContainersMetro Risk ManagementADJ9441801
References
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