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

Case No. ADJ6529557
Regular
Oct 30, 2014

MARIA VALENCIA ROJAS vs. COSMEDX SCIENCE, INC., GRANITE STATE INSURANCE BY AIG CLAIMS COSTA MESA, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed NCL Pharmaceuticals' Petition for Reconsideration because it was untimely filed. NCL failed to appear at a lien conference, leading to an order dismissing its lien, which was then followed by NCL's untimely petition. The Board also noted that even if timely, the petition would have been denied based on the Administrative Law Judge's report. Additionally, the representative for NCL, Ted Durden, was admonished for appearing to violate Appeals Board Rule 10774.5 regarding notice of representation.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNCL PharmaceuticalsUntimely FilingJurisdictional Time LimitElectronic Adjudication Management SystemAppeals Board Rule 10774.5Notice of Representation
References
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
Case No. ADJ1774000
Regular
Aug 22, 2013

KEVIN SMITH vs. THE HOME DEPOT, LIBERTY MUTUAL INSURANCE COMPANY

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Western Pharmaceuticals. Western Pharmaceuticals' lien was dismissed by the WCJ due to failure to pay the lien activation fee as required by Labor Code Section 4903.06, and their failure to appear at the lien conference. Although the WCJ initially stated the petition for reconsideration was unverified, the Board noted it was, but still adopted the WCJ's reasoning to deny the petition. Therefore, the lien remains dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ Reportlien claimantlien activation feeLabor Code Section 4903.06EAMS File Net Systemlien conferencedismissed with prejudiceWestern Pharmaceuticals
References
Case No. ADJ8323423
Regular
Nov 13, 2014

JAIME VILLEGAS vs. NOVY RANCH MARKET, STATE FARM INSURANCE COMPANY

This case involves a lien claimant, PharmaFinance, seeking to prove its lien for pharmaceuticals. The Workers' Compensation Appeals Board (WCAB) granted a petition for removal, rescinding a WCJ's order compelling the production of a contract. The WCAB found the contract irrelevant to the reasonable value of pharmaceuticals, which is governed by a statutory fee schedule. However, the lien claimant must still prove its legal assignment and identity to establish the validity of its lien. The matter was returned to the trial level for further proceedings on establishing the lien.

Petition for RemovalLien ClaimantsCompromise and ReleaseAssignment of ReceivablesPharmaceutical Fee ScheduleReasonable Value of ServicesTrade SecretDecertified OpinionBurden of ProofPreponderance of Evidence
References
Case No. ADJ3674251 (SDO 0355041)
Regular
Jun 02, 2010

JACQUELINE NGUYEN vs. MPEX PHARMACEUTICALS, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an insurer's petition for removal after a WCJ denied their request to join a prior employer and its insurer for contribution. The applicant has received benefits from two prior awards. The Appeals Board granted the removal, rescinded the denial of joinder, and returned the matter to the trial level. This action is to facilitate arbitration regarding the date of last injurious exposure and coverage status, which are prerequisites for contribution proceedings under Labor Code section 5500.5.

Petition for RemovalOrder Denying Petition for JoinderPetition for ContributionJoinder of PartiesContribution ProceedingsLabor Code Section 5500.5Date of Last Injurious ExposureDate of Injury Section 5412ArbitrationRescinded Order
References
Case No. ADJ680519 (VNO 0523537)
Regular
Oct 03, 2008

BENJAMIN MARTINEZ vs. SPRINGER TERMITE & PEST, INC., CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, INC.

The Appeals Board granted reconsideration for lien claimants California Pharmacy Management and Long Beach Prescription Pharmacy, rescinding the administrative law judge's disallowance of their liens. The Board found that while lien claimants bear the burden of proving licensure, they were not afforded a full and fair opportunity to do so when the judge raised the issue for the first time at trial. The case is remanded to the trial level for further proceedings and a decision after the record regarding licensure is fully developed.

Lien claimantsOffer of proofLicensureAccreditationPharmaceuticalsRepackaged drugsDue processReconsiderationRescindedTrial level
References
Case No. ADJ1541863 (SBR 0317921) ADJ1955130 (SBR 0318072)
Regular
Oct 24, 2008

CAROL TELIZYN vs. BRASWELL'S COLONIAL CARE, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Arrowback Medical Group's (AMG) petition for reconsideration because it was successive and not taken from a final order, as the prior decision remanded the case for further proceedings. The Board also corrected the caption of its August 8, 2008 decision nunc pro tunc to include both relevant case numbers. AMG's core argument regarding the applicability of an expired fee schedule was previously addressed and found to be without merit.

Nunc Pro TuncPetition for ReconsiderationSuccessive PetitionFinal OrderInterim OrderRemandCaption CorrectionRepackaged PharmaceuticalsOfficial Medical Fee ScheduleLien Claimant
References
Case No. ADJ128102 (SAC 0358437)
Regular
Feb 08, 2010

SHAUN WOOD vs. JOHNSON AND JOHNSON, permissibly self-insured, administered by BROADSPIRE

The Appeals Board granted defendant's petition for removal, rescinding an order compelling employee depositions. The original order was issued ex parte, depriving the defendant of an opportunity to object. The Board found the order deficient because it lacked a required clause allowing it to be voided upon a timely objection showing good cause. The case is returned to the trial level for further proceedings and a hearing on the defendant's objections.

Petition for RemovalCompel AppearanceDepositionWorkers' Compensation Appeals BoardWCJLabor Code section 4553Serious and Willful MisconductRescind OrderReturn to Trial LevelWalk-through Petition
References
Case No. ADJ9691628
Regular
Dec 24, 2018

VICENTE MEDINA vs. ACE FENCE COMPANY, WESCO INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's order denying the defendant's objection, and returned the case for further proceedings. The WCJ had denied the objection because he found the defendant had notice of a lien conference, despite the defendant's claim of no notice and lack of proper service of the Minutes of Hearing. The Appeals Board found no record to support the WCJ's findings regarding notice and the reasonableness of the lien amount. Furthermore, the Board questioned the defendant's attorney's candor regarding notice of the September 4, 2018 lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Denying ObjectionLien conferenceNotice of IntentAdjudication fileEvidentiary burdenDue processFair hearingMinutes of Hearing
References
Case No. ADJ8148530
Regular
Jan 11, 2013

MIGUEL ALDEREGUIA CAPETILLO vs. CARDENAS MARKETS, CARL WARREN & COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision, adopting and incorporating the Judge's report. The WCAB affirmed the original decision but amended it to disallow specific liens from various entities. The Board also advised the lien claimants' attorney to follow procedural rules for future filings by including their state bar number.

WCABReconsiderationAdministrative Law JudgePetitionLien ClaimantsRule 10845Rule 10232(a)(4)State Bar Membership NumberEmployment Development DepartmentNew Age Pharmaceuticals
References
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