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

Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ4334434
Regular
Jul 24, 2013

TARIK JUSUFBEGOVIC vs. FIESTA FORD LINCOLN MERCURY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien. The lien claimant argued the dismissal order was void due to improper service by the defendant instead of the Board. While the Board agreed the order should have been served by the Board, they found the procedural defect did not prejudice the lien claimant as their petition for reconsideration was timely filed. Therefore, the Board adopted the WCJ's reasoning and denied the petition.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJlien dismissalRule 10500service of processvoid ab initiosubstantial prejudicetimely filinglien activation fee
References
7
Case No. ADJ8162345, ADJ7959552
Regular
Oct 07, 2014

MARIA CHAVEZ MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

Lien claimants' petitions challenging a WCJ's order denying their ex parte petition and ordering depositions were dismissed. The Board found the initial petition for reconsideration untimely, as it was filed 21 days after personal service, and the order was not a final one. The second petition for removal was denied as the lien claimants failed to demonstrate significant prejudice or irreparable harm, and the WCJ's reasoning was sound.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationPetition for RemovalUntimely PetitionFinal OrderEx Parte PetitionWCJ OrderDiscovery BurdenJurisdictional Time Limit
References
6
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ7937768
Regular
Apr 01, 2016

MARTHA SANCHEZ vs. JIB HOLDINGS dba JACK IN THE BOX, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The WCJ initially dismissed the lien for non-appearance at a lien conference, but the lien claimant argued it was not properly served with the Notice of Intention to Dismiss (NOI). Although the NOI was served on the lien claimant's representative at the correct address, making service technically proper, the subsequent dismissal order was defectively served. However, this defect only made the reconsideration petition timely, and the Board denied the petition on its merits, adopting the WCJ's reasoning.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienLien ConferenceMinutes of HearingProof of ServiceOfficial Address RecordHarmless ErrorDefective Service
References
2
Case No. ADJ3359609
Regular
Jun 30, 2009

PEDRO PABLO ROMERO vs. MOTA LANDSCAPING, NATIONAL LIABILITY & FIRE INSURANCE CO.

This case concerns a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant argued the dismissal order was procured by fraud due to improper service and lack of notice. The Appeals Board found that service of the dismissal order was indeed defective, making the petition for reconsideration timely. However, despite considering the petition, the Board denied it, concluding the lien claimant failed to show good cause for multiple missed hearings. Therefore, the lien was appropriately dismissed due to the claimant's repeated failures to appear.

Lien claimantPetition for ReconsiderationOrder Dismissing LienWCJDue processService of processOfficial Address RecordDeclaration of Readiness to ProceedMandatory Settlement ConferenceGood cause
References
3
Case No. ADJ1138124
Regular
Dec 02, 2011

MARIA BARAHONA vs. WESTLAKE CONVALESCENT HOSPITAL, WAUSAU INSURANCE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing their lien. The dismissal was based on the lien claimant's failure to appear at a trial and subsequently file an objection to the notice of intention to dismiss within the statutory timeframe. The Board found that the lien claimant was properly served and failed to demonstrate good cause for their non-appearance or untimely objection, thus not denying them due process. Therefore, the lien claimant's petition was denied.

Lien claimantPetition for ReconsiderationOrder Dismissing LienNotice of IntentionUntimely ObjectionDue ProcessOfficial Address RecordFailure to AppearWCJ ReportFamily Emergency
References
0
Case No. ADJ3814780
Regular
May 13, 2013

MARTIN VENEGAS vs. AMERICAN HONDA MOTOR COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing liens. The liens were dismissed by operation of law for failure to timely pay the lien activation fee, and a Notice of Intention to Dismiss was unnecessary. The lien claimant's representative was present when the dismissal order was issued, but argued the petition was timely based on the defendant's proof of service. The Board adopted the WCJ's report, which found the lien claimant had notice and the petition for reconsideration was frivolous.

Lien Activation FeeOrder Denying ReconsiderationWorkers' Compensation Appeals BoardLien ConferenceDismissed by Operation of LawPetition for ReconsiderationAdministrative Law JudgeProof of ServiceLien ClaimantTimely Paid
References
0
Case No. MISSING
Regular Panel Decision
May 05, 2011

Spadaro v. Meza

The plaintiffs appealed an order from the Supreme Court, Kings County, which denied their motion to determine that nonparty respondents Pacific Employers Insurance Company, c/o Gallagher Bassett, and the Special Funds Conservation Committee had no enforceable workers’ compensation lien on settlement proceeds. The injured plaintiff had two workers' compensation claims from accidents in 1998 and 2004. An agreement from 2008 allowed Gallagher Bassett and Special Funds to reserve their right to assert liens on settlement proceeds from the 2004 claim. Plaintiffs argued the lien amounts could not be accurately established due to a lack of apportionment between the claims. The Supreme Court correctly denied the motion, as Gallagher Bassett only made benefit payments related to the 2004 accident, making the lien amount ascertainable. The order was affirmed.

Workers' Compensation LienSettlement ProceedsPersonal InjuriesApportionment of ClaimsInsurance CarrierSpecial Funds Conservation CommitteeLump Sum AwardWaiver of BenefitsSupreme Court AppealCivil Procedure
References
3
Case No. ADJ6532010
Regular
Oct 20, 2010

JONI LITTLE vs. ATASCADERO UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP INC.

The defendant sought reconsideration of an order that reinstated a lien claimant's dismissed lien, arguing the lien claimant's petition was untimely. The Appeals Board dismissed the reconsideration petition, finding the order reinstating the lien was not a final order as it did not substantively determine liability. The Board also denied the defendant's petition for removal, finding no showing of irreparable harm or prejudice justifying this extraordinary remedy. The lien claimant will still need to prove their case on the merits, and the defendant can present their arguments at further proceedings.

Workers' Compensation Appeals Boardreconsiderationremovallien claimantadministrative law judgeCompromise and ReleaseNotice of Intentrescinded orderfinal ordersubstantive right
References
5
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