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Case No. ADJ9551348

Regular

Jan 20, 2015

JOSE JAIME GARCIA vs. MOLDEX-METRIC, INC.

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration because it was filed for an interlocutory order, not a final one that determines substantive rights. The Board clarified that only final orders are subject to reconsideration under Labor Code § 5900. While treating the petition as a Petition for Removal, it would also be denied. The Board admonished applicant's counsel for failing to distinguish between final and interim orders.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesPetition for RemovalWCJ Report and RecommendationApplicant's CounselTimely ServiceOrder Granting Change of Venue

References

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. ADJ6984259

Regular

Apr 02, 2013

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.

The Workers' Compensation Appeals Board denied reconsideration for lien claimants AIM Radiology, Metrics Medical Group, and Noninvasive Therapeutics. Their liens were dismissed by the WCJ because they failed to pay the required lien activation fee *prior* to the lien conference. The Board found their argument that payment during the conference was sufficient was contrary to Labor Code Section 4903.06(a)(4) and Administrative Director Rule 10208(a). Furthermore, the Board cannot rule on the constitutionality of the statute as Noninvasive Therapeutics argued.

Lien activation feesWCABReconsideration deniedLabor Code Section 4903.06Administrative Director Rule 10208Proof of paymentLien conferenceDismissal with prejudiceConstitutional challengeArticle 14 Section 4

References

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JOSE JAIME GARCIA vs. MOLDEX-METRIC, INC.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesPetition for RemovalWCJ Report and RecommendationApplicant's CounselTimely ServiceOrder Granting Change of Venue

EUSTELIO TELLEZ vs. BORDIERS NURSERY, BERKSHIRE HATHAWAY

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.