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Case Law Database

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

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The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien.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
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. ADJ6946296
Regular
Sep 19, 2017

MICHELE KELLEY vs. LOMA LINDA UNIVERSITY MEDICAL CENTER

This case involves lien claimants whose liens were dismissed for failing to appear at a hearing noticed as a status conference on attorney's fees. The claimants argued their non-appearance was justified as they believed the hearing did not concern their liens. The Workers' Compensation Appeals Board granted reconsideration, finding the claimants' failure to appear was due to excusable neglect based on the hearing's specific notice. Consequently, the dismissal orders were rescinded, and the matter was returned for further proceedings.

WCABPetitions for ReconsiderationLien ClaimsWCJStatus ConferenceLien ConferenceWCAB Rule 10770.1Failure to AppearExcusable NeglectCode of Civil Procedure section 473(b)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3345507
Regular
Sep 18, 2014

ROBERT MOOS vs. CITY OF INGLEWOOD

This case concerns a lien claimant's petition for reconsideration of an order disallowing their lien. The claimant argued they did not receive notice of a lien conference, but the Workers' Compensation Appeals Board (WCAB) record indicated proper service by mail. The WCAB upheld the administrative law judge's decision, presuming the notice was received and that the lien claimant failed to rebut this presumption with sufficient evidence. As the lien claimant also failed to object to a subsequent Notice of Intent to Dismiss their lien, reconsideration was denied.

Petition for ReconsiderationLien ClaimantNotice of Lien ConferenceService of ProcessPresumption of ReceiptEvidentiary CodeWCABWCJOrder Disallowing LienNotice of Intent to Dismiss
References
Case No. ADJ9077157
Regular
Jan 24, 2017

JOHN BIRTWELL vs. OAKLAND ATHLETICS, ACE, USA administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Mesa Medical Group's lien. The dismissal occurred because no objection was received to a Notice of Intention (NIT) for failure to appear at a lien conference. Although the objection was filed by CA Med Management, which had not formally filed a notice of representation, the WCAB found that due process requires a hearing on the merits of the lien claim. The case is returned to the trial level to determine if Mesa Medical Group has sufficient grounds for relief from its non-appearance.

Petition for ReconsiderationOrder Dismissing LienNotice of Intention (NIT)Lien ConferenceDeclaration of Readiness to Proceed (DOR)Objection to Notice of IntentionCA Med ManagementNotice of RepresentationLabor Code section 4903.6(b)WCAB Rule 10774.5
References
Case No. ADJ7928392
Regular
Aug 13, 2013

MARTIN SAN AGUSTIN vs. DEARDORFF JACKSON CO., SEABRIGHT INSURANCE COMPANY

This case involves a lien claimant's request for reconsideration after its lien was dismissed for failure to pay an activation fee. The Appeals Board granted reconsideration, finding that the lien claimant's attorney did not receive notice of the lien conference, a violation of due process. Therefore, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings regarding the lien.

Lien Activation FeePetition for ReconsiderationLien ConferenceDue ProcessNotice of RepresentationEAMSWCJLabor Code Section 4903.06(a)(4)Notice of HearingService of Notice
References
Case No. ADJ4677991 (LAO 0833555)
Regular
Nov 04, 2011

RAFAEL CRESPO vs. GIBRALTAR MAUSOLEUM CONSTRUCTION

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant who did not appear at a lien conference. The Board rescinded the prior dismissal order due to the lien claimant's assertion of good cause for their absence and potential defects in service of the notice to dismiss. The case is returned to the trial level for further proceedings to address the unresolved lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder Dismissing LienCompromise and ReleaseNotice of Intention to DismissWCJPetition for Reconsiderationrescindtrial level
References
Case No. ADJ1761179 (LBO 0351115), ADJ3800791, ADJ2478410
Regular
Mar 21, 2013

MARIA MELENDEZ vs. KELERMEYER BUILDING SERVICES, INC.; REHAB SOLUTIONS aka NORTH AMERICAN DISTRIBUTORS

This case involves a lien claimant, Rehab Solutions, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB) due to non-appearance at a lien conference and failure to respond to a Notice of Intention to Dismiss. Rehab Solutions petitioned for reconsideration, arguing they received neither notice nor an opportunity to be heard. The WCJ's report, adopted by the WCAB, found that Rehab Solutions was properly noticed for the lien conference and later received a Notice of Intention to Dismiss, but failed to appear or respond for approximately 90 days. Consequently, the WCAB denied the Petition for Reconsideration, though they admonished the lien claimant that further frivolous filings would result in sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJLien ClaimantOrder Dismissing LienDeclaration of Readiness to ProceedLien ConferenceNotice of HearingNotice of Intention to Dismiss LienProof of Service
References
Case No. ADJ4581972 (LBO 0395815) ADJ2734681 (LBO 0395908)
Regular
Aug 23, 2013

ELIAS GOMEZ vs. LA PALOMA RESTAURANT, INC., EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded a dismissal of lien claim, and returned the matter to the WCJ for further proceedings. This followed the WCAB's finding that the lien claimant may not have received notice of the lien conference, raising due process concerns. The WCAB noted that the original lien conference notice did not list the lien claimant or its representative. The Board also advised clarifying the status of duplicate liens and the relationship between the lien claimant and its representative.

Lien ClaimantPetition for ReconsiderationDismissal of Lien ClaimNotice of Intention to DismissDue ProcessLack of NoticeWorkers' Compensation Appeals BoardWCJEAMSCompromise and Release
References
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