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

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 If rescinded, the lien claim will return to the trial level for further proceedings.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. 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. 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. ADJ3193987 (RIV 0037219)
Regular
Feb 26, 2009

DOUGLAS CRAWFORD vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO

This case involves a lien claimant, Forensic Psychiatric Services, whose lien was initially slated for disallowance due to an unprepared representative at a conference. The lien claimant petitioned for the Workers' Compensation Administrative Law Judge's (WCJ) disqualification, alleging bias and an unwarranted opinion. The Appeals Board denied the disqualification petition, finding insufficient grounds. However, they granted the lien claimant's objection to the disallowance notice, rescinded it, and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardForensic Psychiatric ServicesPetition for DisqualificationNotice of Intention to Disallow Lien ClaimWorkers' Compensation Administrative Law Judgeunprepared lien representativeunqualified opinionevinced enmityWCAB Rule 10452objection to NOI
References
0
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. MISSING
Regular Panel Decision

Wilson v. Dvorak

The case involves an appeal to determine the enforceability of a judgment lien. Katherine Beam Hooper Dvorak, a judgment creditor, recorded an abstract of judgment against Donna Denise Arledge. Arledge later married, becoming Donna Nix, and acquired real property in her married name. Hooper-Dvorak's abstract of judgment was recorded under Arledge's maiden name and, despite an accompanying affidavit to cross-reference names, was improperly indexed by the county clerk, failing to provide notice under Donna Nix's name. Cathey and Benny Wilson purchased the property with a loan from RMCVanguard Mortgage Corporation, neither having actual notice of the lien due to the indexing error. The appellate court reversed the trial court's judgment, holding that the abstract of judgment did not create an enforceable lien against the innocent purchasers because it failed to provide proper constructive notice as required by the Texas Property Code.

Judgment LienAbstract of JudgmentProperty RecordsIndexing ErrorConstructive NoticeMaiden NameMarried NameReal PropertyJudgment DebtorJudgment Creditor
References
15
Case No. ADJ6918399
Regular
Feb 27, 2013

MARIA SANCHEZ vs. AUTOZONE, INC./USF&G, Administered By GALLAGHER BASSETT/NUFIC Administered By GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien. Despite the lien claimant's assertion of lack of notice, the record indicates their representative appeared and signed in for the trial. The WCAB found the petition frivolous, citing the claimant's failure to object to a Notice of Intention to Dismiss and misrepresentation of facts. Consequently, the WCAB intends to impose sanctions up to $1,200.00 against the lien claimant and its representative for abuse of process.

Petition for ReconsiderationOrder of Dismissal of LienLien ClaimantNotice of Intention to DismissDue ProcessHearingWCJBoard Rule 10562Labor Code section 5813Sanctions
References
5
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. ADJ1305490 (MON 0363100)
Regular
Jan 31, 2013

Gloria Jones vs. SEARS HOLDING CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves lien claimant Nogales Psychological Counseling's attempt to reconsider a Notice of Intent to Dismiss their lien for failure to appear at a scheduled trial. The Appeals Board vacated its prior grant of reconsideration and dismissed the lien claimant's petition. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its attorney for filing a frivolous petition without reasonable justification. This conduct violated WCAB Rule 10561(b)(2), resulting in a waste of judicial resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intent to Dismiss LienLien ClaimantWCJCompromise and ReleaseIndustrial InjuryReinstatement of LienRemovalSanctions
References
6
Case No. ADJ2419683
Regular
Dec 03, 2012

HECTOR VICHEZ vs. AARON BROTHERS ART MARTS, BROADSPIRE FOR AMERICAN MOTORIST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration and issued a notice of intention to impose sanctions. This action stems from the lien claimant and their representatives' failure to appear at a properly noticed trial and subsequent filing of a petition for reconsideration without acknowledging this critical omission. The Board found their actions to be frivolous, intended to cause delay, and constituted misrepresentations to the Board. Sanctions of up to $2,500, plus attorney fees and costs, may be imposed jointly and severally against the lien claimant and his representatives if they fail to demonstrate good cause to the contrary.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDue ProcessSanctionsBad Faith ActionsFrivolous TacticsUnnecessary DelayLabor Code
References
8
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