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

Case No. ADJ3366737 (MON 0317061)
Regular
Aug 11, 2015

LOUIS ROSADO vs. AMERICAN AIRLINES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order dismissing a lien claim. The lien claimant asserted it was never served with a Notice of Intention to Dismiss (NIT) and thus denied due process. The WCAB found no proof of service for the NIT in the record, agreeing that the lien claimant was denied proper notice and an opportunity to be heard. Consequently, the matter was returned to the WCJ to allow the lien claimant statutory time to respond to the NIT.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissDue ProcessProof of ServiceWCJWorkers' Compensation Appeals BoardLien ClaimantWCAB Rule 10562
References
6
Case No. ADJ7654044
Regular
Oct 14, 2011

Freda Payne vs. Rock Creek/Res Care, Specialty Risk La Habra

The Workers' Compensation Appeals Board granted Freda Payne's petition for reconsideration, rescinding the prior dismissal of her case. The dismissal was based on failure to prosecute, specifically missing two depositions and not responding to a Notice of Intention to Dismiss (NIT). The Board found that Payne's attorney filed a timely objection to the NIT, which, along with ongoing settlement discussions and the sparse record, warranted further proceedings. Therefore, the case was returned to the WCJ for further action.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalFailure to ProsecuteNotice of Intention to DismissCumulative Trauma InjuryNervous System-PsycheCirculatory SystemHead InjuryDeposition Failure
References
0
Case No. ADJ9124369
Regular
Oct 14, 2016

OSWALDO URQUIZA vs. EL MEXICALY CAFÉ 2, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of PROCENTURY INSURANCE COMPANY

This case involves a lien claimant, Diamond Orthopedic Services, seeking reconsideration of their dismissed lien. The lien was dismissed by the WCJ after the claimant failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss (NIT). The Board denied reconsideration, finding the claimant’s explanation for missing the conference was insufficient and that the claimant was properly served with the NIT, as their counsel had not yet filed a formal substitution. Furthermore, the claimant's petition for reconsideration was improperly served.

Lien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearProper ServiceSubstitution of CounselLabor Code Section 5905
References
1
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
0
Case No. ADJ9351459
Regular
Sep 16, 2014

Nicholas Sanchez vs. Russell Hinton Company, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) reconsidered an order sanctioning Seabright Insurance Company for failing to respond to a Notice of Intention (NIT) to impose sanctions. Seabright contended it had indeed responded to the NIT and filed required documents, which the WCAB found had been attempted. The WCAB rescinded the sanction order, deeming the prior finding of non-response inaccurate. The matter was returned to the trial level for a new determination on whether Seabright acted with reasonable justification before imposing any sanctions.

WCABReconsiderationSanctionsNotice of IntentionOrder Suspending ActionLabor Code Section 5813Appeals Board Rule 10561Petition for ReconsiderationBad Faith ActionsFrivolous Tactics
References
1
Case No. ADJ125663 (LAO 0884491)
Regular
Nov 06, 2014

ALFONSO RODRIGUEZ vs. CONCO CEMENT COMPANY, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed reconsideration of a Notice of Intention to Dismiss (NIT) liens totaling $43,545.00. The WCAB found that an NIT is an interlocutory order not subject to reconsideration. However, the WCAB returned the case to the trial level for the administrative law judge to consider the lien claimants' petition as a timely objection. The judge will determine if good cause exists to avoid dismissal, ensuring the lien claimants' due process rights.

Workers' Compensation Appeals BoardLien ClaimantsNotice of Intention to DismissLien ConferenceGood CauseReconsiderationInterlocutory OrderFinal OrderDue ProcessLien Disallowance
References
7
Case No. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
0
Case No. VNO 466077, VNO 466078
Regular
Apr 10, 2008

PABLO GONZALEZ vs. CHECK MATE STAFFING, UEBTF DEPENDABLE HIGHWAY EXPRESS, COMMERCE & INDUSTRY INSURANCE COMPANY C/O AIG DOMESTIC CLAIMS

This case involves a defendant's petition for reconsideration regarding a Notice of Intention (NIT) to approve a settlement that unilaterally added a reimbursement obligation to the Uninsured Employers Benefits Trust Fund (UEBTF). The Appeals Board granted reconsideration, rescinding the NIT due to procedural defects, including improper service and a violation of the defendant's due process rights by unilaterally altering the settlement terms. The Board allowed the underlying Compromise and Release agreement to stand, as it was properly executed and did not contain the disputed reimbursement clause.

UEBTFAdelson Testan Brundo & JimenezNotice of IntentionApproval OrderReimbursementGeneral Special EmploymentThomas WaiverCompromise and ReleaseLabor Code sections 3715(e)3717
References
3
Case No. ADJ2031384 (MON 0316510)
Regular
May 29, 2012

Miguel Lopez vs. MV PUBLIC TRANSPORTATION, AMERICAN HOME ASSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration for lien claimant SAI Professional, rescinding the prior order disallowing its lien. The Board found significant service errors, including failure to notify the lien claimant of the hearing and improper use of designated service for the Notice of Intention (NIT). Crucially, the record lacked proof of service for the NIT, and the lien claimant timely filed an objection to it. The matter is returned to the trial level for further proceedings, emphasizing that lien claimants must receive proper notice and an opportunity to be heard.

Lien claimantPetition for reconsiderationOrder of disallowanceNotice of intentionService of noticeProof of serviceOfficial Address RecordEAMSCompromise and ReleaseDesignated service
References
5
Case No. ADJ7777187
Regular
Nov 13, 2012

PATRICIA ARRUDA vs. GOODWILL INDUSTRIES OF SANTA CLARA, ALASKA NATIONAL INSURANCE COMPANY

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien for failure to appear at a scheduled conference. The lien claimant failed to respond to a Notice of Intention to Dismiss (NIT) after not appearing, and their petition for reconsideration did not dispute the defendant's proper proof of service of the NIT. The Appeals Board upheld the dismissal, citing the presumption of receipt of properly mailed documents and the lien claimant's failure to establish good cause for their non-appearance or for the lien to be reinstated. The Board also admonished the lien claimant for failing to comply with form requirements for their petition.

Workers' Compensation Appeals BoardLien ClaimantDismissal of LienReconsiderationFailure to AppearNotice of Intention to DismissProof of ServicePresumption of ReceiptOfficial Address RecordPetition for Reconsideration
References
0
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