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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. 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. ADJ8166052
Regular
Aug 13, 2013

MARIA GARCIA vs. JOSE MARTINEZ ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of lien claims for failure to pay activation fees. The lien claimants, Imperial Medical Management and Allied Injury Management, argued they did not receive notice of the lien conference. However, the Board found evidence of proper service via US mail and email, consistent with their designated methods. Presumptions of regular performance of official duty and proper service applied, and a bare assertion of non-receipt was insufficient to overcome proof of service.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceService of NoticePresumption of ServiceNon-ReceiptLien ClaimantLien Activation FeeOrder Dismissing Lien ClaimElectronic Adjudication Management System
References
Case No. ADJ736716 (ANA 0400973) ADJ3010829 (ANA 0400924) ADJ7503662 ADJ8980493
Regular
Nov 08, 2013

JAIME RAMIREZ vs. HIGH GRADE FORM, BARRETT BUSINESS SERVICES, STATE COMPENSATION INSURANCE FUND, ZURICH, CHARTIS

This case involved a Petition for Reconsideration challenging a lien dismissal. The Appeals Board dismissed the petition, adopting the WCJ's report. The lien was dismissed because the $100 lien activation fee required by Labor Code section 4903.06(a) was not paid, making the necessity of the services irrelevant. While the dismissal applied to services pre-dating July 31, 2012, the Board noted potential future claims for services rendered on May 6, 2013, would require a $150 filing fee and could be pursued as a petition for costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien dismissalLabor Code section 4903.06(a)Lien activation feeInterpreting servicesWCAB hearingINJAB RefundablePetition for costsCalifornia Lien Services
References
Case No. ADJ2178733 (BAK 0154115)
Regular
May 27, 2014

LIDIA BUENO vs. RAVILA FARM LABOR SERVICES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This case involves a lien claimant, Biocare RX Specialty Pharmacy, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB). Biocare argued the dismissal was erroneous because it had not yet filed a lien. The WCAB granted reconsideration, rescinding the dismissal order. The Board found it lacked jurisdiction to dismiss a lien that had not been filed and that Biocare was improperly dismissed for non-appearance at a lien conference for which it received no notice.

Lien claimantPetition for ReconsiderationOrder to Dismiss LiensWCJBiocare RX Specialty PharmacyElite Lien Servicesjurisdictionfiled lienLabor Code section 4903.5industrial injury
References
Case No. ADJ8297067
Regular
Aug 15, 2013

ANSELMO VERA vs. NORMS RESTAURANT, BROADSPIRE SACRAMENTO

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by a lien claimant. The claimant argued they did not receive notice of a lien conference. However, the Board found the defendant's proof of service, supported by the appearance of other lien claimants at the conference, credible. The Board adopted the Administrative Law Judge's report, which rejected the claimant's unsubstantiated assertion of non-receipt of notice.

Petition for ReconsiderationLien ClaimantPinnacle Lien ServicesProof of ServiceNotice of HearingLien ConferenceConditional OrderActivation FeeDismissal of LienWCAB
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. ADJ7956404
Regular
Jun 11, 2013

MARIA COCOLAN PEREYDA vs. PERFECT FIT INDUSTRIES, PMA c/o GALLAGHER BASSETT

In this workers' compensation case, the Appeals Board denied a petition for reconsideration filed by Lien Claimant Ameri Chiropractic, represented by Pinnacle Lien Services (PLS). The lien was dismissed with prejudice by the Administrative Law Judge (ALJ) due to PLS's failure to timely pay the lien activation fee prior to the lien conference. The Board found no inconsistency between Labor Code Section 4903.06(a)(4) and the regulations, reaffirming that payment must be made before the scheduled conference time. The decision was consistent with established precedent, specifically *Figueroa v. B.C. Doering Co.*.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ's reportFigueroa v. B.C. Doering Co.Lien ClaimantAmeri ChiropracticPinnacle Lien ServicesLabor Code Section 4903.06(a)(4)8 CCR 10208(a)Lien Activation Fee
References
Case No. VNO 0472812
Regular
Mar 13, 2008

MONICA GUTIERREZ vs. LOS ANGELES TIMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a decision disallowing a $\$13,113.00$ lien claim by Irvine Spinal Treatment Center. The Board found the petition for reconsideration was timely due to defective service on the lien claimant. Furthermore, proof of service for the lien claimant's exhibits was found in the file, prompting the case's return to the WCJ for a decision on the merits.

Irvine Spinal Treatment CenterPinnacle Lien ServicesWCJreconsiderationlien claimantdefective serviceaddress discrepancytimely filedKunz v. Patterson Floor CoveringsZenith Insurance Company
References
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