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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. LBO 354963
Regular
Nov 27, 2007

RIGOBERTO JIMENEZ vs. BLUE COLLAR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration because it sought to review an interlocutory order, not a final decision on substantive rights. The Board also denied the Petition for Removal, finding the lien claimant failed to demonstrate significant prejudice or irreparable harm, as required for this extraordinary remedy. Consequently, the case is returned to the trial level for further proceedings on the lien claim.

Lien ClaimantPetition for ReconsiderationPetition for RemovalOrder VacatingInterim OrderWCJLabor Code section 5313Interlocutory OrderFinal OrderPetition to Disallow Lien
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. ADJ405114 (ANA 0361653 ) ADJ3423623 (ANA 0402305)
Regular
Feb 13, 2012

JOSE ROSALES vs. DYNAMIC DETAIL, BARRETT BUSINESS SERVICES INC.; INTERCARE, BROADSPIRE, CORVEL

This case involves a Petition for Reconsideration filed by lien claimants, L. A. Regional Surgical Center and Isaac Verbukh, M.D., regarding an order disallowing their liens. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 20 days after the lien claimants received the Order Disallowing Liens on November 21, 2011. Although the WCJ's calculations regarding the objection to the Notice of Intention to Disallow Liens were erroneous, this did not affect the untimeliness of the petition for reconsideration. The Board emphasized that the 20-day period for filing a petition for reconsideration is jurisdictional.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Disallowing LiensLien ClaimantsTimelinessLabor Code Section 5903Jurisdictional Time LimitUntimely PetitionProof of ServiceService of Order
References
Case No. ADJ7321329
Regular
Dec 01, 2017

ANTONIO HERRERA vs. PANORAMA CITY GLASS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the dismissal of liens by several medical providers. The Workers' Compensation Appeals Board reconsidered an administrative law judge's order dismissing these liens. The Board rescinded the dismissal for three lien claimants (Dr. Haronian, Physical Medicine Institute Encino, and Osteon Surgical Center), finding that their objection to dismissal was improperly disregarded due to a technical filing error regarding representation. However, the dismissal of Dr. Kohan's lien was affirmed because he was unrepresented and therefore Synapse Lien Unit could not object on his behalf.

Workers Compensation Appeals BoardLien claimantsPetition for ReconsiderationOrder Dismissing LiensDue processNotice of RepresentationNon-attorney representativeSynapse Lien UnitNotice of Intent to Disallow LiensLabor Code section 4903.6(b)
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. ADJ800698 (SRO 0128141)
Regular
Apr 25, 2012

Kevin Elliott vs. Fire Protection Unlimited, Specialty Risk

The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order compelling service of medical reports was not a final order. However, construing the petition as a request for removal, the Board granted it, finding a potential untimeliness issue with the lien claimant's lien under Labor Code section 4903.5. The Board rescinded the original order and returned the case to the trial level for a lien conference to determine the existence, filing date, and validity of the lien.

Labor Code section 4903.5Petition for ReconsiderationPetition for RemovalOrder to Compel Service of Medical Reportslien claimantRS MedicalOrder Approving Compromise and Releaseuntimely filed lienlaches defenselien conference
References
Case No. ADJ10975246
Regular
Oct 15, 2020

MAXIMILIANO VILLEGAS vs. AMETEK, INC.;, THE HARTFORD, SEDGWICK CMS

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for lack of prosecution. The Appeals Board granted reconsideration, rescinded the dismissal order, and denied the defendant's petition to dismiss. The Board found the defendant failed to meet its burden of proof, as the lien claimant did not become a party until after the underlying claim was resolved, rendering the dismissal rule inapplicable. Furthermore, no lien conference or trial had been ordered off-calendar, negating another basis for dismissal.

Petition for ReconsiderationLien ClaimantLack of ProsecutionWCAB Rule 10888Declaration of Readiness to ProceedBurden of ProofOrder Approving Compromise and ReleaseElectronic Adjudication Management SystemExecutive Order N-68-20Labor Code section 5909
References
Case No. LAO 0796853 LAO 0796854
Regular
May 20, 2008

ELAINE TREVILLISON vs. ST. MARY MEDICAL CENTER LONG BEACH; permissibly self-insured, administered BY SEDWICK CLAIMS MANAGEMENT

This case involves a lien claimant, Dr. Russell Shah/Beach Medical, seeking reconsideration of their disallowed lien. The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge did not follow proper procedure under WCAB Rule 10562(d) when disallowing the lien. The matter is returned to the trial level for further proceedings on the merits of the lien and potential sanctions against the lien claimant for failing to appear at a prior hearing.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to DisallowWCAB Rule 10562Due ProcessPetition for ReconsiderationOrder Re: Disallowance of LienLien TrialSanctionsLabor Code Section 5813
References
Case No. ADJ560768 (SJO 0256445)
Regular
Nov 29, 2011

MARK CAMPAGNA vs. AMERICAN CORP./AMERICAN AIRLINES; AMERICAN HOME ASSURANCE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Access Mediquip's petition. The WCAB found that Access Mediquip's objection to the Order Dismissing Lien was timely filed, despite the WCJ's initial belief to the contrary. Therefore, the WCAB rescinded the dismissal order and remanded the case to the trial level for further proceedings. This decision hinges on the correct calculation of the response deadline for the Notice of Intention to Dismiss Lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienLien claimantPinnacle Lien ServicesAccess MediquipWCJPermanent disabilityMedical treatment
References
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