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

Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ9706171
Regular
Sep 14, 2018

AMPARO RUSOW vs. NUESTRA GENTE, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as it was not from a final order. However, the WCAB granted the defendant's Petition for Removal, finding that both parties would suffer irreparable harm if the dismissal issue was not thoroughly adjudicated. The WCAB rescinded both the Order of Dismissal and the Order Rescinding Dismissal. The matter was returned to the trial level for further proceedings to determine if the applicant had shown good cause to avoid dismissal.

Petition for RemovalPetition for ReconsiderationOrder Rescinding Order of DismissalOrder of DismissalFailure to ProsecuteGood CauseWCJ Report and RecommendationIrreparable HarmSubstantive RightAdjudication
References
0
Case No. ADJ7554153
Regular
Mar 01, 2014

GABRIELA ADAME vs. AREOL STAFFING SERVICES, INC., ULLICO CASUALTY CO.

The Workers' Compensation Appeals Board rescinded its prior order granting reconsideration and dismissed the lien claimants' petition. The petition was untimely filed, as it was submitted significantly after the deadline for seeking reconsideration of the orders dismissing the liens. Furthermore, the lien claimants' arguments regarding lack of notice were refuted by proof of service, and they failed to properly update their representative information. The Board lacked jurisdiction to consider the petition due to its tardiness and other procedural defects.

Workers' Compensation Appeals BoardReconsiderationLien ClaimLien Activation FeePetition for ReconsiderationTimelinessJurisdictionService of ProcessRepresentative DesignationLabor Code Section 4903.06
References
2
Case No. ADJ10075857
Regular
Mar 26, 2019

VICTORINO POSADAS (DECEASED) vs. A & N SERVICE STATION INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration of an order rescinding a prior dismissal of the applicant's claim. The Board found the rescission order was not a final decision and thus not subject to reconsideration. However, the Board granted removal, rescinded the rescission order, and returned the matter to the trial level. This action was taken due to a lack of proceedings record, preventing review of the basis for rescinding the initial dismissal. The WCJ will now reconsider the petition to reopen, venue change, and potential consolidation with a death claim.

WCABPetition for ReconsiderationPetition for RemovalOrder Rescinding Order of Case DismissalDismissal without prejudicePetition to ReopenNew and Further DisabilitySubstitution of AttorneysDeath ClaimLack of Prosecution
References
0
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
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