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Case Law Database

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

Case No. ADJ268872 (LAO 0848974)
Regular
Sep 24, 2012

REYNALDO MEDINA vs. RKR DISTRIBUTOR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because the WCJ's Notice of Intention to Dismiss Liens was not a final order. Reconsideration can only be sought from a final order that determines substantive rights or liabilities. As no such order has been issued, the petition is premature. The matter is returned to the trial level for further proceedings to determine notice and potential sanctions.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to Dismiss LiensFailure to AppearWCJReport and RecommendationFinal OrderLab. Code § 5900Substantive Rights and Liabilities
References
Case No. ADJ3103384 (LAO 0860323) ADJ1857760 (LAO 0852749) ADJ2595358 (LAO 0852750)
Regular
Mar 18, 2009

SEBASTIAN MICHEL vs. SIZZLER RESTAURANT INC.; FEDERAL INSURANCE COMPANY, c/o CHUBB SERVICES CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a $100 sanction against applicant's attorney. The sanction was issued for the attorney's absence and use of an unqualified representative at a Mandatory Settlement Conference. The WCAB found the sanction invalid because the judge failed to provide the required Notice of Intention and an opportunity to be heard before issuing the order. The case is returned to the trial level for proper procedure and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of SanctionsLabor Code Section 5813Mandatory Settlement ConferenceHearing RepresentativeAppeals Board Rule 10773Due ProcessNotice of IntentionAppeals Board Rule 10561
References
Case No. ADJ7777152
Regular
Aug 30, 2012

PABLA CORTEZ vs. PVH SUPERVA, INC., LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, California Imaging, seeking reconsideration of an order dismissing its lien. The lien was dismissed because California Imaging failed to appear at a required lien conference and its objection was untimely and never properly filed with the board. The Appeals Board denied reconsideration, finding that the lien claimant's non-appearance was not excused. The Board noted that lien claimants are considered parties and must follow procedural rules, including timely appearances and filings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceNonappearanceUntimely ObjectionTelephonic AppearanceCompromise and Release
References
Case No. ADJ731613
Regular
Mar 18, 2011

MARIO ALVAREZ vs. ROSS DISTRIBUTION, SEDGWICK WALNUT CREEK

This case involves lien claimants seeking reconsideration of an order awarding defense costs to the defendant. The lien claimants' petition for reconsideration was untimely filed. Furthermore, even if timely, the petition lacked specific reasons for challenging the award, merely requesting a hearing. The WCJ had previously disallowed the liens and imposed sanctions on S.I.R. Lien Solutions due to repeated failures to appear at scheduled hearings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5813Defense CostsLien ClaimantsWCJSanctionsS.I.R. Lien SolutionsUntimely PetitionDismissal
References
Case No. ADJ3156595
Regular
May 24, 2011

JOSE ALVISO vs. CLS LANDSCAPE MANAGEMENT, REDWOOD FIRE & CASUALTY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Here's a summary of the case in four sentences for a lawyer: Lien claimant Sidhu Chiropractic's lien was dismissed due to non-appearance at a lien trial and failure to respond to a notice of intention to dismiss. Sidhu claimed it did not receive the notices, attributing the issue to mis-calendaring and misplacing documents after assigning the case file to a hearing representative. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings based on the policy favoring hearings on the merits. The Board noted that mis-calendaring alone is insufficient justification for non-appearance and left it to the WCJ's discretion to consider sanctions for the lien claimant's conduct.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissed LienNotice of Intention to DismissCompromise and ReleaseLien TrialNonappearanceGood CausePolicy of Favoring Hearing on Merits
References
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
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