CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ6773084
Regular
Apr 08, 2013

ARACELI CAMACHO vs. LENDER PROCESSING SERVICES, HARTFORD INSURANCE

The WCAB granted reconsideration and rescinded the dismissal of Long Beach Medical Center's (LBMC) lien claim. The lien was improperly dismissed as LBMC, not having received notice of a prior lien conference, did not appear and was not yet of record. Although LBMC's petition was initially dismissed as skeletal, the Board's independent review found a due process violation. The case is returned to the trial level for further proceedings regarding LBMC's lien.

Lien ClaimantPetition for ReconsiderationDismissal of LienNotice of Intent to DismissLien ConferenceLien TrialSkeletal PetitionSubstantial JusticeDue ProcessLack of Notice
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. ADJ7011806
Regular
Jul 14, 2014

ADDOLFO AVELINO vs. AMERICAN APPAREL, INC., NEW HAMPSHIRE INSURANCE COMPANY, ATHENS ADMINISTRATORS

This case involves lien claimants seeking reconsideration of their dismissed liens. The Workers' Compensation Appeals Board denied their petition because the lien claimants failed to appear at the scheduled trial. Missing a referral email was deemed insufficient to establish excusable neglect, especially given the ample notice of the trial date. The Board also noted an outstanding issue regarding the lien claimants' representative not being listed on the official address record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing LiensLien ClaimantsFailure to AppearWCJ ReportCompromise and ReleaseDeclaration of ReadinessLien ConferenceLien Trial
References
Case No. ADJ8098671
Regular
Jun 27, 2013

MARIA PORTILLO vs. KIM LIGHTING DIVISION OF HUBBELL, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The dismissal was based on the lien claimant's failure to appear at a properly noticed lien trial, as evidenced by multiple mailings by the defendant that were not returned as undeliverable. The Board found the lien claimant's arguments regarding lack of notice to be unsubstantiated by the record. Additionally, the Board indicated it would consider sanctions against the lien claimant for prosecuting a frivolous petition.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienfailure to appearlien trialNotice of Intention to Dismiss LiensBoard Rule 10562service of noticeOfficial Address Recordsanctions
References
Case No. ADJ7224294; ADJ6597177
Regular
Dec 31, 2012

GIOVANNI MENDOZA vs. COBY ELECTRONICS CORP., CHUBB INSURANCE

The Workers' Compensation Appeals Board denied Dr. Nachman Brautbar's petition for reconsideration regarding the disallowance of his lien. The Board affirmed the finding that Dr. Brautbar failed to meet his evidentiary burden to prove the reasonableness and necessity of his services, and that he was not the applicant's treating physician. The Board clarified that lien claimants, like defendants, must prove their case by a preponderance of the evidence, and reliance on outdated case law like *Keifer* is misplaced due to legislative amendments. Furthermore, Dr. Brautbar's failure to appear at conferences and present evidence on raised issues, coupled with procedural errors in his petition, supported the denial.

Lien claimantPetition for ReconsiderationJoint Findings and OrdersWCJindustrial injurypsychelower extremityinternalherniacervical spine
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
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. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
Showing 1-10 of 7,680 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational