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

Case No. ADJ8059604 ADJ8193294
Regular
May 26, 2016

EDDI MENDOZA GUZMAN vs. DIRECT CHASSIS, LLC, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's sanction order against lien claimant California Imaging Solutions and its representatives. The WCAB affirmed sanctions against Maria Trujillo and Nancy Ramirez for failing to appear at a hearing as ordered, reducing their sanction to $100 each. However, the WCAB rescinded sanctions against the lien claimant and its hearing representative, finding no basis for bad faith or sanctionable conduct by them. The case was returned for further proceedings on the lien claim itself.

Workers' Compensation Appeals BoardSan Diego ImagingCalifornia Imaging SolutionsLien ClaimantWCJSanction OrderLabor Code Section 5813Hearing RepresentativeBusiness LicenseDue Process
References
Case No. ADJ8374434
Regular
Feb 23, 2018

VICTORIANO EUSEDA vs. ABEL MENDOZA, INC., STAR INSURANCE

This case involves a lien claimant, California Imaging Solutions (CIS), whose lien was initially denied by the Workers' Compensation Appeals Board (WCAB). CIS petitioned for reconsideration, arguing the denial was in error. Subsequently, CIS and the defendant insurer, Star Insurance, mediated and reached a settlement for $1,100 to resolve the lien and related claims. The WCAB rescinded the original denial and approved the settlement agreement, commending the parties for their good faith negotiations.

Victimeno EusedaAbel Mendoza Inc.Star InsuranceCalifornia Imaging SolutionsSan Diego ImagingLien claimantFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judge (WCJ)Denied the lien
References
Case No. ADJ2211265 (AHM 0083473) ADJ4072860 (AHM 0083472)
Regular
May 06, 2011

Darlyn Piper vs. DANKA OFFICE IMAGING, ZURICH NORTH AMERICA, LIBERTY MUTUAL INSURANCE CO.

This case concerns applicant Darlyn Piper's appeal of a permanent disability award for injuries sustained while employed by Danka Office Imaging. Applicant argues for total permanent disability, challenging the WCJ's reliance on Dr. Marinow's apportionment and deposition testimony. The Appeals Board granted reconsideration because the WCJ failed to address the admissibility of Dr. Marinow's deposition testimony. The case is therefore remanded for the WCJ to determine the deposition's admissibility and weight before issuing a new decision.

Darlyn PiperDanka Office ImagingZurich North AmericaLiberty Mutual Insurance Co.permanent disabilitytotal permanent disabilityvocational rehabilitationDr. Marinowapportionmentnon-industrial factors
References
Case No. ADJ6622890
Regular
Mar 10, 2014

GIOVANNA MUNOZ vs. MARY ADAMS COLLINS, ALLSTATE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.

Petition for ReconsiderationProof of ServiceRebuttable PresumptionOrdinary Course of MailUntimelyJurisdictionLien ClaimWCABAdministrative Law JudgeWestern Imaging
References
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
Case No. ADJ9358843
Regular
May 26, 2017

AMTONIO GIRON vs. JVC, INC. DBA COOKS CORNER BODY SHOP, AMTRUST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant California Imaging's petition. The Board rescinded the prior order that dismissed California Imaging's lien. The decision adopted the reasoning presented in the workers' compensation administrative law judge's report. This means the lien previously dismissed will now be reinstated for further consideration.

Workers' Compensation Appeals BoardLien DismissalReconsideration GrantedPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantCalifornia ImagingOrder Dismissing LienRescinded
References
Case No. ADJ6755214
Regular
Sep 04, 2012

IGNACIO LOZANO vs. HAWAIIAN GARDENS CASINO, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinded the original award, and disallowed both lien claims. The Board found that neither Scandoc Imaging nor Certified Interpreters met their burden of proof to establish the compensability of their respective liens. Specifically, Scandoc Imaging failed to provide evidence of the reasonableness of its charges, and Certified Interpreters lacked substantial evidence to support their claim. Consequently, both lien claimants were ordered to take nothing further.

WCABPetition for ReconsiderationLien ClaimsScandoc ImagingCertified InterpretersBurden of ProofReasonableness of ChargesDiscoveryLabor Code Section 5703Findings and Award
References
Case No. ADJ7777152
Regular
Aug 30, 2012

PABLA CORTEZ vs. PVH SUPERVA, INC., LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, California Imaging, seeking reconsideration of an order dismissing its lien. The lien was dismissed because California Imaging failed to appear at a required lien conference and its objection was untimely and never properly filed with the board. The Appeals Board denied reconsideration, finding that the lien claimant's non-appearance was not excused. The Board noted that lien claimants are considered parties and must follow procedural rules, including timely appearances and filings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceNonappearanceUntimely ObjectionTelephonic AppearanceCompromise and Release
References
Case No. ADJ4357722 (SBR 0307145) ADJ5714365
Regular
Jun 06, 2012

ANASTASIA JENKINS vs. NEXT ENTERPRISES, INC.

This case involves Anastasia Jenkins' workers' compensation claim against Next Enterprises and the California Insurance Guarantee Association. The Second Appellate District affirmed the Appeals Board's decision that Pinnacle Lien Services could represent multiple lien claimants. The appellate court remanded the case for further proceedings consistent with its opinion. The Appeals Board is now returning the case to the trial level for the workers' compensation judge to conduct necessary proceedings and issue decisions.

ADJ4357722ADJ5714365Anastacia JenkinsNext Enterprises Inc.California Insurance Guarantee AssociationVillanova Insurance liquidationOracle ImagingN-CareNations Surgery CenterPinnacle Lien Services
References
Case No. ADJ3797268 (MON 0304228)
Regular
Jun 30, 2016

HECTOR RENTERIA vs. BROWN, BUNYAN, MOON & MOORE, INC., ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves two lien claimants, Whittier Drugs and University Imaging Center, seeking reconsideration of an administrative law judge's decision. The Board denied Whittier Drugs' petition, adopting the judge's reasoning. University Imaging Center's petition was dismissed as untimely, as it was filed beyond the 25-day statutory deadline. The Board emphasized that timeliness is jurisdictional and a petition must be *received* by the Board within the allowed period.

Workers Compensation Appeals BoardPetition for ReconsiderationLien ClaimantTimelinessJurisdictionalFindings and Order and AwardAdministrative Law JudgeWCAB Rule 10508Maranian v. Workers' Comp. Appeals Bd.Whittier Drugs
References
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