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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. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
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. 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. ADJ8730365 ADJ8730366
Regular
Sep 13, 2016

JAVIER ZAVALA vs. WESTERN PACIFIC ROOFING CORP., SUSSEX INSURANCE COMPANY

This case involves lien claimants Mobile Radiological and Comet Radiology whose liens were dismissed after they failed to appear at a lien conference and respond to Notices of Intention to Dismiss. The Appeals Board granted reconsideration because the lien claimants' liens were filed in case ADJ8730366, but the conference and subsequent dismissal notices pertained to case ADJ8730365. Furthermore, proof of service for the dismissal notices was improperly filed only in the unrelated case. The Board rescinded the dismissal orders and returned the matter for further proceedings.

Petition for ReconsiderationOrders Dismissing LiensNotice of Intention to Dismiss LiensLien ConferenceDeclaration of ReadinessNotice and Request for Allowance of LienProof of ServiceElectronic Adjudication Management SystemWCAB Rule 10770.1Improper Service
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. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ9719870
Regular
Feb 21, 2017

MARIA CASTANEDA vs. GRAZIANO'S PIZZA, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's Petition for Reconsideration to reinstate its dismissed lien. The WCAB found that the Notice of Intention to Dismiss the lien was likely not served on the lien claimant's representative. Furthermore, the lien was filed after the hearing was scheduled and the notice of hearing was served. Consequently, the WCAB rescinded the dismissal order and returned the matter to the WCJ for further proceedings.

WCABPetition for ReconsiderationOrder Dismissing LienSOS Lien ServicesDiamond Orthopedic ServicesNotice of Intention to DismissLien ConferenceDeclaration of ReadinessEAMS ADJ fileNotice of Hearing
References
Case No. RIV 0045367
Regular
Oct 05, 2007

SAUL ALARCON vs. AAA ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claim due to lack of appearance at a conference. The Board found that the lien claimant may not have received proper notice of the intention to dismiss, and the dismissal order itself was ambiguous as it referred to the representative, not the actual lien claimant. The matter was returned to the trial level for further proceedings to determine if the lien claim can proceed.

Petition for ReconsiderationLien ClaimantPinnacle Lien ServicesDynamed Medical AssociationNotice of Intention to Dismiss LienService of NoticeWCJOfficial Address RecordOrder of DismissalBoard Rule 10562
References
Case No. ADJ8617543
Regular
Mar 22, 2018

MARIA MORALES vs. JET ABRASIVES INC., HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant whose lien was dismissed for failure to appear at a conference. The Board found the dismissal void because the lien claimant never received notice of the hearing. Additionally, the Board noted procedural defects, including the lack of a required notice of intent to dismiss and improper service of the dismissal order. Consequently, the Board rescinded the dismissal and returned the matter for further proceedings.

Petition for ReconsiderationOrder Dismissing Lien ClaimLien conferenceWCAB rule 10562Lack of noticeReport and RecommendationVoid ab initioNotice of intent to dismissProof of serviceWCAB Rule 10500
References
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