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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ455873 (LAO 0886539)
Regular
Sep 26, 2016

JAMES TOWNSEND vs. CITY OF LOS ANGELES, HARBOR DIVISION

This case concerns a lien claimant, BCP Collections, Inc., seeking reconsideration of an order denying its lien for $\$8,661.87$. The initial denial was based on BCP's alleged failure to provide proof of service for its Notice of Intention to allow the lien. However, the administrative law judge later vacated this order, recognizing proof of service had been timely filed. Consequently, the Appeals Board dismissed BCP's petition for reconsideration because the rescinded order was not a final decision. As no final determination of the lien currently exists, reconsideration is procedurally improper.

BCP CollectionsNotice of IntentionProof of ServiceEAMSLien ClaimPetition for ReconsiderationOrder Allowing LienLien ConferenceRescinded OrderAdministrative Law Judge
References
Case No. ADJ6473659, ADJ6680091
Regular
Jan 27, 2014

LEANDRO GARCIA vs. CABRILLO CARE CENTER, CAREWEST INSURANCE COMPANY

This case involves a lien claimant's attempt to appeal an administrative law judge's (WCJ) order rescinding a prior lien allowance. The Appeals Board dismissed the reconsideration petition, finding the rescission order to be interim and not a final order subject to reconsideration. The Board also denied the petition for removal, concluding that the WCJ acted correctly in rescinding the lien allowance due to service issues and conflicting timelines. Ultimately, the matter was returned to the trial level for further proceedings on the lien claim's merits.

Lien claimantPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Allowing LienCompromise and ReleaseLabor Code section 5900(a)final orderinterim ordersAppeals Board Rule 10859WCJ
References
Case No. ADJ8213513, ADJ7224783
Regular
Jun 13, 2014

JOSE OROZCO vs. WOODMASTER FURNITURE, INC., ENDURANCE INSURANCE COMPANY, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of orders dismissing a purported lien claimant's lien. The Board found that the Workers' Compensation Judge lacked jurisdiction to dismiss the lien because the claimant had not actually filed a lien with the Board. Consequently, the dismissal orders were rescinded and the matter was returned for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Dismissing LienWCJLabor Code Section 4903Labor Code Section 4903.05Appeals Board Rule 10774.5Unfiled LienJurisdiction
References
Case No. ADJ1190346 (SFO 0376731) ADJ6489685
Regular
Dec 02, 2011

PATRICIA DAVENPORT vs. WESTERN PACIFIC DISTRIBUTORS and CIGA by its servicing facility SEDGWICK CMS for HOME INSURANCE COMPANY IN LIQUIDATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order dismissing St. Mary's Hospital's lien. The WCAB found that the dismissal order was improperly issued without notice or an opportunity for St. Mary's or its representative, Recovery Resources, to be heard. The Board emphasized that due process requires notice and a hearing before a lien can be dismissed. Therefore, the matter was returned to the trial level for further proceedings to allow the lien claimant to present its case on the merits.

CIGALien claimantPetition for reconsiderationFindings of Fact and OrderWorkers' Compensation Appeals BoardCumulative trauma injuryOfficial Address RecordPetition for dismissal of lien claimOrder of dismissal of lien claimNotice of lien
References
Case No. ADJ7634257; ADJ7634274
Regular
May 22, 2013

JESUS RANGEL vs. WILDFISH SEAFOOD GRILLE, LIBERTY MUTUAL INSURANCE CO., ZURICH

This Workers' Compensation Appeals Board case concerns lien claimant Advance Care Specialist's petition for reconsideration of an order dismissing their lien claim for failure to pay the activation fee. The lien claimant asserts payment was made prior to the lien conference, a claim the Presiding WCJ recommends further investigation into. The Appeals Board granted the petition, rescinded the dismissal order, and returned the matter to the trial level for further proceedings. This decision highlights the importance of proper service by the Appeals Board, as demonstrated by a potential issue with timely service of the original dismissal order.

Lien activation feePetition for reconsiderationOrder Dismissing Lien ClaimSkeletal petitionLien conferencePresiding Workers' Compensation Administrative Law JudgeRescinded orderRemandService of orderWCAB rule 10500(b)
References
Case No. ADJ8951552, ADJ9303764
Regular
Feb 19, 2015

JAIME SERRANO vs. G & H X-PRESS, INC., MARKEL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order allowing a lien of $5,539.00 to Allied Services. The Board found the defendant's petition for reconsideration was timely because the prior order was defectively served on the defendant's attorney, who had not been properly listed on the Official Address Record. This lack of proper service meant the attorney did not receive notice of the order until shortly before filing the petition. The case is returned to the trial level for further proceedings on the lien claim.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Allowing LienDefective ServiceOfficial Address RecordElectronic Adjudication Management SystemLaw Firm AppearanceNotice of Intention to Allow LienRescinded OrderTimeliness of Filing
References
Case No. ADJ2297692 (VNO 0472677)
Regular
Jan 05, 2009

DEATRIZ RODRIGUEZ vs. POWERWAVE TECHNOLOGIES, MATRIX ABSENCE MANAGEMENT

The Appeals Board denied reconsideration of an October 22, 2008 order dismissing a lien claim. The lien claimant did not appear at a September 11, 2008 trial and did not provide evidence to support its claim.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimNotice of Intention to Disallow Lien ClaimMandatory Settlement ConferenceLien TrialBoard Rule 10562Failure to AppearFailure to Submit Evidence
References
Case No. ADJ6867785
Regular
May 08, 2012

GERARDO LUA vs. BALDWIN PARK CAR WASH, STATE FARM INSURANCE COMPANY

Here's a summary of the case for a lawyer in four sentences: Defendant Baldwin Park Car Wash and State Farm Insurance sought removal, arguing the Appeals Board lacked jurisdiction due to a prior dismissal of the claim. The Appeals Board denied the petition, adopting the WCJ's reasoning that defendant retained all rights to defend lien claims. The Board explicitly stated it expressed no opinion on the merits of the outstanding lien issues. The order signifies that the case will proceed to lien trial as scheduled.

Petition for RemovalAppeals BoardAdministrative Law JudgeJurisdictionApplication for Adjudication of ClaimLien ClaimsLien TrialRescind OrderContinued MatterDefendant's Petition
References
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