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

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. 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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Mesa Medical Group's lien.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. 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. 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. ADJ1884241
Regular
Jun 25, 2013

ANTONIA CERVANTES vs. PRIDE INDUSTRIES, LWP CLAIMS SOLUTIONS, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of an order imposing sanctions on lien claimant, Word of Mouth Interpreters, and its attorneys, Gonzales Law Firm. The board adopted the WCJ's report, finding that the lien claimant improperly filed a petition for reconsideration without statutory grounds and attached unnecessary exhibits. The WCJ noted the lien claimant's pattern of conduct, including failure to appear at hearings and improper attempts to withdraw filings, which led to unnecessary litigation expenses. Sanctions were deemed appropriate due to the lien claimant's lack of due care and respect for the venue.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportEAMSAmended Notice of IntentionRules of Practice and ProcedureDeficient PetitionStatutory GroundsLien ClaimantDeclaration of Readiness to Proceed
References
Case No. ADJ7432605 ADJ7474502
Regular
Nov 10, 2016

JOSE HERNANDEZ vs. PRECOR INCORPORATED, AMER HOLDING COMPANY

Lien claimant Del Carmen Medical Center sought reconsideration of an order dismissing its lien for failing to appear at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the dismissal. The WCAB adopted the WCJ's report, which found Del Carmen was properly served with notice of the conference. Furthermore, Del Carmen failed to establish good cause to rescind the notice of intention to dismiss. The petition was also denied for case ADJ7474502, as Del Carmen was not a recorded lien claimant in that matter.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienworkers' compensation administrative judge (WCJ)Notice of Intention to Dismiss Lien (NIT)Objection to NITgood causerescind NITlien conferencefailure to appear
References
Case No. ADJ11155531
Regular
Apr 01, 2020

PATRICK ALLEN vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinded an order compelling attendance at a medical examination, and returned the matter for further proceedings. The Board found the order violated due process because the applicant did not receive prior notice or an opportunity to be heard. The WCJ issued the order as a "walk-through document" without adhering to the required notice of intention procedure. The Board emphasized that due process requires notice and an opportunity to challenge adverse actions before they are issued.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationDue ProcessNoticeOpportunity to be HeardPetition to Compel AttendanceAgreed Medical Evaluator (AME)Walk-through documentWCAB Rule 10789(h)
References
Case No. ADJ4653913
Regular
Jan 14, 2011

BERTHA GARCIA vs. UNITED FOOD GROUP, CRUM & FORSTER, PACIFIC COMP

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration. The petition sought to challenge a WCJ's Notice of Intention to Dismiss the lien, arguing it was improperly issued without a hearing. The WCAB found the Notice of Intention to Dismiss was not a final order subject to reconsideration. Additionally, the petition lacked the required verification under Labor Code section 5902. The WCAB instructed the WCJ to treat the filing as an objection to the notice.

WCABLien ClaimantPetition for ReconsiderationNotice of Intention to DismissInterlocutory OrderFinal OrderLabor Code § 5900Labor Code § 5902VerificationBoard Rule 10562(e)(1)
References
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
Case No. LAO 0806287
Regular
Dec 13, 2007

AURORA BARAJAS vs. THE MAINLAND COMPANY, INC. aka CRAZY SHIRTS, INC., ALLIANZ INSURANCE COMPANY, INDEMNITY INSURANCE COMPANY OF AMERICA Administered By ACE USA/ESIS, CENTRE INSURANCE COMPANY Administered By REM, SAFETY NATIONAL CASUALTY CORPORATION Administered By COMPLINK

The Appeals Board granted Shidu Chiropractic's petition for reconsideration and amended the Workers' Compensation Judge's (WCJ) decision. While Shidu was properly notified of the lien trial, the WCJ erred by issuing a Notice of Intention to Disallow Lien Claim instead of a Notice of Intention to Dismiss, and by dismissing the lien with prejudice. The lien is now dismissed without prejudice, acknowledging potential procedural errors by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceNotice of Intention to DisallowNotice of Intention to DismissCompromise and ReleaseLien TrialGood CauseWithout Prejudice
References
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