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

Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ2303350 (FRE 0230817)
Regular
Apr 05, 2013

Benjamin Martinez vs. Boghossian Raisin Packing, State Compensation Insurance Fund

Lien claimants sought reconsideration of notices to dismiss their liens, but the Appeals Board dismissed their petition as interlocutory orders are not subject to reconsideration. The Board granted removal on its own motion and intends to sanction the lien claimants' representative, AMR Group, and the lien claimants themselves (Hooty Services and Accutox) for frivolous and bad-faith actions. This intent to sanction stems from their attempt to challenge a procedural order clearly permitted by Appeals Board rules.

Workers Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsNotice of IntentionDismissalRemovalSanctionsLabor CodeFinal OrderInterlocutory Decisions
References
7
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ7308922
Regular
Apr 22, 2013

ARTURO CARO vs. JAX MARKET 3, FIREMAN'S FUND

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claim, finding that the lien claimant's representative misrepresented facts regarding payment of a lien activation fee. Despite the claimant's verified petition claiming payment was made and evidence presented, the Board's own search and the WCJ's report confirmed non-payment. Consequently, the Board issued a notice of intention to impose sanctions up to $2,500 against Qualified Billing & Collections and Diego Plasencia for bad-faith actions and false statements.

Lien Activation FeeLabor Code Section 4903.06WCJ Order Dismissing LienPetition for ReconsiderationVerified PetitionMisrepresentation of FactsBad Faith ActionsWCAB Rule 10561Labor Code Section 5813Sanctions
References
0
Case No. ADJ7536985
Regular
May 13, 2013

WALTER BARNETT vs. LOS ANGELES TIMES, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien. The lien claimant argued it never received the notice of intention to dismiss, but the Board found this contradictory as they had filed an objection. The Board also noted the lien claimant miscited and misrepresented relevant rules, and presented arguments previously rejected by the Board. Consequently, the Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimant and its representatives for frivolous conduct and misrepresentations.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of Intention to Dismiss LienFailure to AppearLien ConferenceAppeals Board Rule 10562SanctionsLabor Code Section 5813
References
2
Case No. ADJ7930045
Regular
Jan 17, 2014

MICHAEL NGUYEN vs. WILLIAMS FURNACE, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded dismissal orders for lien activation fee non-payment, and is considering sanctions up to $2,500 against lien claimants and their representatives. This action stems from the lien claimants' claim of not receiving notice of a lien conference, which the Board found to be a false statement of material fact, despite evidence of proper service. The Board will proceed in conformity with a preliminary injunction against lien activation fee enforcement.

Lien activation feePetition for reconsiderationSanctionsFalse statements of factRule 10561Labor Code section 5813Hearing representativesEAMSPreliminary injunctionAngelotti Chiropractic
References
1
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
0
Case No. ADJ3034844 (LBO 0392601) ADJ 4614655 (LBO 0396565)
Regular
Oct 17, 2014

ANGEL AVILA vs. PHILIPPS SERVICES CORPORATION, CIGA, SEDGWICK CMS, RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of orders dismissing lien claims from several medical providers. These lien claimants argued the dismissal was erroneous because they had not abandoned their liens and deserved a continued hearing to identify witnesses. The WCAB found the Petition for Reconsideration timely and determined that lien claimants may have been denied due process if their representative left the hearing prematurely without adequate notice. Therefore, the WCAB is providing an opportunity for lien claimants to demonstrate good cause why the dismissal orders should not be affirmed, and ordering the defendant to respond to any filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimsWCJDismissal of LiensMedical Lien ManagementRepresentative AbandonmentPrima Facie ShowingDue ProcessNotice of Intention to Dismiss
References
0
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