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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. 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. 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. ADJ7032646; ADJ7476468
Regular
Dec 24, 2012

MERCEDES NARVAEZ vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order vacating a prior dismissal of lien claims. The WCJ improperly treated a lien claimant's objection as a petition for reconsideration. This action was procedurally flawed as the objection predated the order it sought to challenge and was untimely. The WCJ's subsequent order to vacate the dismissal was also issued outside the permissible 15-day timeframe for WCJ action after reconsideration is sought.

Petition for RemovalOrder Vacating Order Dismissing Lien ClaimsWorkers' Compensation Appeals BoardLien ClaimantsWCJOrder to Dismiss LiensPetition for ReconsiderationLabor Code section 5900(a)Rule 10859untimely
References
Case No. ADJ7813636
Regular
Oct 28, 2013

RAMONA GARNICA vs. ESPARZA ENTERPRISES

Willow Medical Group sought reconsideration of a dismissed lien, alleging it had paid all required fees. However, the administrative law judge (WCJ) reported no order dismissing the lien on the date cited by Willow. Since reconsideration is only available for final orders and no such order exists in the record, the Workers' Compensation Appeals Board dismissed Willow's petition. The lien claimant's prior dismissal order had already been vacated by the WCJ.

Lien claimantPetition for ReconsiderationDismissed lienOrder to DismissVacated orderCompromise and ReleaseWCJ ReportEAMS recordProcedural historySubstantive right
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. ADJ1185205
Regular
Jun 22, 2012

ROSEMARY TORRES vs. PACIFIC BELL TELEPHONE CO.; HELMSMAN MANAGEMENT SERVICES

This case involves lien claimants seeking reconsideration of a WCJ's dismissal of their liens and an order for costs. The WCJ initially dismissed the liens for the lien claimant's failure to appear on time for a conference and awarded costs to the defendant due to the significant delay. The Board granted reconsideration, vacating the dismissal of liens as moot. However, the Board rescinded the order for costs because the lien claimant was not given proper notice and an opportunity to be heard before the costs were assessed, as required by statute.

Workers' Compensation Appeals BoardPacific Bell Telephone Co.Helmsman Management ServicesBilling Dynamicslien claimantDr. Alan MoellekenCarrillo Surgery CenterDismissal of LiensOrder to Pay CostsLabor Code § 5813
References
Case No. ADJ1635548 (POM 0300369)
Regular
Feb 20, 2015

FERNANDO GUTIERREZ vs. CLAIM JUMPER RESTAURANT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order they sought to reconsider was not a final order, as it merely provided an opportunity to litigate a lien claim. The WCAB also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ correctly vacated a prior order dismissing a lien claimant's claim due to a lack of proof of service. Therefore, the matter will proceed to further litigation regarding the lien.

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalOrder Dismissing LienLien ClaimantCompromise and ReleaseNotice of Intent to DismissProof of ServiceSubstantive Right
References
Case No. ADJ272980 (VNO 0474292), ADJ273175 (VNO 0474293), ADJ2241790 (VNO 0474295)
Regular
May 22, 2014

LUIS CASTANEDA vs. VALLEY TODECO, ESIS WEST WC CLAIMS, CHARTIS INSURANCE

The Appeals Board granted removal to rescind the WCJ's order vacating the dismissal of Coast Plaza Doctors Hospital's lien, as Coast's petition for reconsideration was untimely. The Board affirmed the dismissal of Coast's lien, even though the stated reason (failure to pay activation fee) was technically erroneous for a post-2013 lien. Finally, the Board affirmed the denial of the defendant's request to keep discovery closed regarding Beverly Hills Pharmacy's lien, and returned the case for further proceedings on that lien.

Petition for RemovalOrder Vacating DismissalPetition for ReconsiderationUntimely FilingLien Activation FeeLabor Code Section 4903.06WCAB Rule 10859Void Ab InitioOrder Dismissing Lien ClaimAffirmation
References
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