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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. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
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 Therefore, the WCAB rescinded the dismissal order and remanded the case to the trial level for further proceedings.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
Case No. ADJ6793843
Regular
Jan 24, 2012

CHRIS WHITE vs. B & B MOTORS, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board vacated its prior order granting reconsideration, dismissing the lien claimant's petition. The Board found reconsideration was improvidently granted as the lien claimant sought to reconsider a nonexistent order of dismissal. Reconsideration is only permissible for final orders, and the WCJ's comments did not constitute a final order. The lien claimant will be able to seek reconsideration after a final dismissal order is issued.

Lien claimantPetition for ReconsiderationDismissalIndustrial injuryCalendaring errorCalifornia Code of Procedure section 473Notice of Intention to Dismiss LienFinal orderDecision After ReconsiderationOpinion and Order Granting Petition for Reconsideration
References
Case No. ADJ7627106
Regular
May 09, 2014

ANGELINA GOMEZ vs. THE MILLARD GROUP/GLENDALE GALLERIA, NATIONAL UNION FIRE INSURANCE COMPANY OF STATE OF PENNSYLVANIA

This case involves a lien claimant's untimely petition for reconsideration of a dismissal order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's prior order vacating the dismissal. The WCAB found that the lien claimant failed to file their petition for reconsideration within the statutory 20-day period after service of the dismissal order. Therefore, the WCAB rescinded the order vacating dismissal and reinstated the original order dismissing the lien claimant's lien.

Workers' Compensation Appeals BoardLien claimantOrder Vacating DismissalOrder Dismissing LienPetition for ReconsiderationStatutory time periodLabor Code section 5900Rule 10562Compromise and ReleaseLien conference
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. ADJ4124248
Regular
Jan 16, 2018

MATEO BARDALES vs. SUPERIOR CONSTRUCTION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant. The claimant argued due process was violated due to lack of notice. The Board found no proof of service for notices of hearing or intention to dismiss, supporting the claimant's position. Consequently, the dismissal order was rescinded, and the matter was returned for further proceedings.

Petition for ReconsiderationOrder Dismissing LienDue Process ViolationNotice of Intention to DismissProof of ServiceEAMSLien ConferenceWCJ OrderRescind OrderReturn to Trial Level
References
Case No. ADJ8552899
Regular
Jun 12, 2017

ANTWANETTE SCONIERS vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claim. The WCJ had dismissed the lien for non-appearance at a lien conference. However, the WCJ issued the dismissal order before the statutory 15-day period for objection had expired. Therefore, the WCAB vacated the dismissal order and remanded the case for further proceedings to determine if the lien claimant had good cause to object.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Dismissing Lienlien claimantWCJCompromise and ReleaseDeclaration of Readinesslien conferenceNotice of Intent to Dismiss LienNon-Appearance
References
Case No. ADJ4130207 (ANA 0407943)
Regular
Jan 14, 2013

ALEJANDRA ZATARAIN, aka WENDY OSUNA vs. onE SOURCE; ACE as administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing lien claimant New Age Translations' lien. The dismissal occurred without notice to the lien claimant, and the Board found this procedurally improper. A subsequent agreement between parties settling the lien would have been meaningless if the dismissal remained in place. The Board's order allows the parties to resolve the lien in accordance with their agreement.

Lien DismissalPetition for ReconsiderationWorkers' Compensation Appeals BoardLien ClaimantOrder of Lien DismissalNotice of Intent to DismissWCJRescindedSettlement AgreementAdministrative Law Judge
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
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