CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ3485716
Regular
Mar 27, 2015

MARIA RAMIREZ vs. MONTEBELLO UNIFIED SCHOOL DISTRICT

This case concerns a lien claimant, Diamond Orthopedic Services, whose lien was dismissed for failing to appear at multiple lien conferences. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the claimant's non-appearances and lack of explanation did not meet the criteria for relief. The claimant's arguments regarding mistaken representation and court responsibility for their hiring practices were rejected. The Board emphasized that actual presence at a conference does not equate to a formal appearance without proper representation steps.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantNotice of Intention to Dismiss LienNon-AppearanceLien ConferenceWCJ ReportCCP Section 473Excusable NeglectDeclaration of Readiness
References
1
Case No. ADJ2041939 (SBR 0340035)
Regular
Dec 14, 2016

Carlos Garcia vs. Department of Transportation, State Compensation Insurance Fund

This case concerns petitions for reconsideration of three dismissed medical liens filed by Pinnacle Lien Services (PLS) on behalf of three doctors. PLS failed to appear at a lien conference and did not respond to Notices of Intent to Dismiss. The WCAB denied reconsideration, finding PLS provided insufficient justification for its failures to appear and respond, and that relief under CCP § 473 was not warranted due to lack of proper documentation and communication breakdowns. The Board emphasized the need for a substantial explanation for non-appearance and failure to respond to dismissal notices.

Workers' Compensation Appeals BoardOrders Dismissing LiensPetitions for ReconsiderationLien ConferenceNotices of Intent to DismissFailure to AppearExcusable NeglectCCP § 473Fox v. Workers' Comp. Appeals Bd.Discretionary Relief
References
1
Case No. ADJ3995222
Regular
Oct 03, 2014

CHRISTINE PUBLICOVER vs. BOUGET BROS, LIBERTY MUTUAL INSURANCE

This case concerns Dr. Mark Greenspan's lien, which was dismissed due to non-appearance at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied Dr. Greenspan's Petition for Reconsideration, upholding the dismissal. The WCAB found that Dr. Greenspan failed to establish good cause for his non-appearance, as the alleged hacking issue did not justify the lack of awareness regarding the hearing date. Furthermore, the WCAB noted that defendants are not obligated to contact lien claimants about non-appearances.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportSection 10848lien conferenceNotice of Intent (NOI)EAMSlien claimantgood causehacking
References
0
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ3745140 MON 0273709
Regular
Jul 24, 2013

NORMAN MIRANDA vs. MZN CONSTRUCTION INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed for failing to appear at trial. The Board found that the lien claimant's unsubstantiated claim of "human error" did not constitute good cause for their non-appearance. Their reliance on the *Fox v. Worker's Comp. Appeals Bd.* case was unpersuasive as they failed to demonstrate mistake, inadvertence, surprise, or excusable neglect as required for relief. Therefore, the dismissal of the lien was upheld.

Workers' Compensation Appeals BoardLien Claim DismissalPetition for ReconsiderationLien ConferenceWCJ OrderFailure to AppearGood CauseHuman ErrorExcusable NeglectCode of Civil Procedure Section 473
References
1
Case No. ADJ7160003
Regular
May 30, 2018

MARICELA ESPITIA CRUZ vs. SNOWCREEK RESORT CONDOMINIUMS IMPERIUM

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for removal and denied their petition for reconsideration. The WCJ had dismissed the lien claim due to the claimant's failure to appear at a noticed lien trial. The WCAB found no good cause for the non-appearance, nor grounds for relief under Code of Civil Procedure section 473. Furthermore, the WCAB dismissed the removal petition as reconsideration, not removal, was the proper remedy for a final order dismissing a lien.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLien ClaimantLien TrialWCJDismissalFailure to AppearGood CauseCode of Civil Procedure Section 473
References
7
Case No. ADJ3475275 (ANA 0386298) ADJ1639465 (ANA 0386296)
Regular
Jun 15, 2016

MARIO NARVAEZ vs. WALDEN STRUCTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a dismissal order against lien claimant Juan Carlos Vazquez. The dismissal was due to his representative's failure to appear at a lien trial, citing excusable neglect based on a sworn declaration of a calendaring error. However, the Board noted that this relief does not preclude potential sanctions against the lien claimant and representative for their non-appearance. The case is returned to the trial level for further proceedings, including potential sanctions and attorney's fees.

Lien ClaimsNon-AppearanceLien ConferenceLien TrialPetition for ReconsiderationRescind OrderReturn to Trial LevelSanctionsAttorney's FeesCosts
References
3
Case No. ADJ6545416
Regular
Jun 10, 2016

CARLOS LOPEZ vs. MUSEUM SQUARE, STATE COMPENSATION INSURANCE FUND INSURED

Tri-County Medical Group sought reconsideration of a dismissal for non-appearance at a lien trial, arguing their representative had a conflicting appearance and this constituted excusable neglect. While a notice of representation was filed, the Board denied reconsideration. The Board found Tri-County failed to provide adequate grounds for relief under CCP 473(b), as the representative's attendance at other matters, without prior notice to the court, did not rise to the level of excusable neglect. Therefore, the dismissal of Tri-County's lien stands.

Workers' Compensation Appeals BoardLien Claim DismissalReconsiderationNon-AppearanceLien ConferenceExcusable NeglectCode of Civil Procedure Section 473(b)Petition for ReconsiderationNotice of RepresentationWCJ
References
1
Case No. ADJ7523496 ADJ7523331
Regular
Mar 16, 2017

HELGA RAMIREZ vs. TRIAS, LLC dba TWOHEY'S RESTAURANT, AMERICAN CLAIMS MANAGEMENT

This case concerns a lien claimant seeking reconsideration of their lien's dismissal. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant received proper notice of intent to dismiss for non-appearance at trial. The majority ruled the lien claimant failed to rebut the proof of service with anything more than a bare assertion of non-receipt. However, one Commissioner dissented, arguing the petition effectively served as an objection and that relief should be granted under principles of mistake or excusable neglect, citing a representative's illness.

Lien ClaimantPetition for ReconsiderationDismissal OrderJoint Notice of Intention to Dismiss LienDue ProcessProof of ServiceNotice of IntentionLien TrialAdministrative Law JudgeWorkers' Compensation Appeals Board
References
10
Case No. ADJ9077157
Regular
Jan 24, 2017

JOHN BIRTWELL vs. OAKLAND ATHLETICS, ACE, USA administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Mesa Medical Group's lien. The dismissal occurred because no objection was received to a Notice of Intention (NIT) for failure to appear at a lien conference. Although the objection was filed by CA Med Management, which had not formally filed a notice of representation, the WCAB found that due process requires a hearing on the merits of the lien claim. The case is returned to the trial level to determine if Mesa Medical Group has sufficient grounds for relief from its non-appearance.

Petition for ReconsiderationOrder Dismissing LienNotice of Intention (NIT)Lien ConferenceDeclaration of Readiness to Proceed (DOR)Objection to Notice of IntentionCA Med ManagementNotice of RepresentationLabor Code section 4903.6(b)WCAB Rule 10774.5
References
1
Showing 1-10 of 3,730 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational