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

Case No. ADJ1169662 (ANA 0397510)
Regular
Feb 15, 2013

MELANIE TORRES vs. CEDAR CREEK INN, EVEREST NATIONAL, AMERICAN COMMERCIAL

The Appeals Board granted reconsideration and rescinded an order disallowing a lien claim from Superior Med Surgical, Inc. The lien claimant failed to appear at a lien conference due to miscalendaring but promptly objected to the disallowance. The Board found the interaction between the Notice of Intent and the Order confusing. The matter is returned to the trial level for further proceedings, including a hearing on good cause for the absence.

Lien claimPetition for reconsiderationNotice of Intent to Disallow LienWorkers' Compensation Appeals BoardWCJLien conferenceFailure to appearGood causeObjectionRescind
References
0
Case No. ADJ6821408
Regular
Aug 02, 2016

THELMA ESPINOZA vs. SUNRISE SENIOR LIVING, HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The lien claimant failed to appear at a scheduled lien conference, leading to the initial dismissal order. While the claimant argued excusable neglect due to miscalendaring, the Board found this assertion, without further detail, insufficient to establish good cause for relief. Therefore, the Board affirmed the dismissal of the lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of IntentionExcusable NeglectMistakeInadvertenceSurpriseFailure to Appear
References
1
Case No. ADJ8032723
Regular
Nov 15, 2016

ALBA QUINTANILLA vs. TARGET CORPORATION, SEDGWICK CMS

This case involves a lien claimant's petition for reconsideration of an order dismissing their lien for failure to appear at a conference. The Board denied the petition because the lien claimant did not provide a verified declaration from their representative explaining the alleged miscalendaring. Furthermore, the Board found that the lien claimant failed to properly serve the representative with the dismissal order. Consequently, the lien claimant's grounds for relief under Code of Civil Procedure section 473(b) were not met.

Workers Compensation Appeals BoardPetition for ReconsiderationLien ClaimantDismissal of LienNotice of Intention to DismissLien ConferenceFailure to AppearMistakeInadvertenceExcusable Neglect
References
1
Case No. ADJ459635 (AHM 0136605) ADJ4266581 (RIV 0043684)
Regular
Aug 26, 2013

RODOLFO BARBA vs. UNIVERSAL FOREST PRODUCTS, LIBERTY MUTUAL, SENTRY INSURANCE

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant NCL Pharmaceuticals. The lien was dismissed after the claimant failed to appear at a lien conference despite proper notice and did not respond to a Notice of Intent to Dismiss. The Board adopted the WCJ's report, which found the petition lacked merit and suggested sanctions for its frivolous nature. The WCJ also questioned the petitioner's standing and the claimant's admitted "inadvertence miscalendaring" as a basis for vacating the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportsanctionsfrivolous petitionLien claimantNCL Pharmaceuticalsdismissal of lienLien ConferenceNotice of Intent to Dismiss
References
0
Case No. ADJ8508726
Regular
Jul 29, 2015

ROBERT YOUNG, JR. vs. CAST AND CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien. The lien claimant failed to appear at a scheduled lien conference, and the Administrative Law Judge issued a Notice of Intent to Dismiss, which the claimant also failed to properly address. The Board found the claimant's justifications for non-appearance, such as "miscalendaring," insufficient and noted procedural defects in the petition for reconsideration itself. Ultimately, the Board adopted the WCJ's report and recommendation to deny reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantGolden State Sports InjuryDismissalNotice of Intent to DismissLien ConferenceDue ProcessLabor Code Section 5902Cal. Code Regs. tit. 8 § 10562
References
2
Case No. ADJ6930822
Regular
Sep 12, 2016

LEONARDO CARDOSO vs. ORESTES PENA TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, Padveen Mirzaians Chiropractic, seeking reconsideration after their lien was dismissed. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's (WCJ) decision. The lien was dismissed because the claimant failed to appear at the scheduled lien trial and did not object to the notice of intention to dismiss. The WCJ found the claimant's explanation of miscalendaring unconvincing, as the minutes of hearing clearly indicated the correct trial date. Therefore, the Board adopted the WCJ's report and denied the petition.

WCABPetition for ReconsiderationDismissal of LienNotice of Intention to DismissNon-AppearanceLien ConferenceLien TrialMiscalendaringWCJ ReportAdministrative Law Judge
References
1
Case No. ADJ8278787
Regular
Mar 04, 2014

FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceExcusable NeglectNotice of Intention to DismissTitle 8 California Code of Regulations Section 10562Title 8 California Code of Regulations Section 10241Title 8 California Code of Regulations Section 10500Rescinded
References
0
Case No. ADJ7722200
Regular
Jul 20, 2015

LILIA CAMACHO vs. ANGELS BASEBALL, LP, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board (WCAB) case involves lien claimant VQ Orthocare's petition for reconsideration after their lien was dismissed for failure to appear at a scheduled conference. VQ Orthocare attributed their absence to a miscalendaring error caused by a mistake in the applicant's name. The WCAB adopted the judge's report recommending denial of the petition, finding no grounds to rescind the dismissal for failure to appear. The WCAB noted the judge could consider sanctions against VQ Orthocare due to their non-appearance at a conference they scheduled and lack of efforts to rectify the situation.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien conferenceDeclaration of Readiness to ProceedMiscaleandingInadvertence and mistakeWCJ
References
0
Case No. ADJ7430358
Regular
Oct 14, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration for Gricelda Arevalos in ADJ7430358, upholding the WCJ's dismissal of lien claimants Platinum Medical Management and Omega DME for failing to appear at a lien conference. The Board found that the lien claimants were afforded due process by receiving notice and an opportunity to be heard, which they failed to utilize. Their excuse of "miscalendaring" was deemed insufficient to establish good cause for their non-appearance, and the Board clarified that lien conferences are not conducted by telephone. Therefore, reconsideration was denied based on the lack of proper grounds and the petitioners' failure to demonstrate good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialDismissalLien ConferenceFailure to AppearNotice of Intent to DismissDue ProcessGood CauseLabor Code § 5903
References
0
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