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Case No. ADJ3362266 (LAO 0805454)

Regular

Oct 29, 2010

ROBERTO PINEDA vs. CIRCUIT CITY, CIRCUIT CITY SELFINSURED SECURITY FUND

The WCAB dismissed Shandler & Associates' petition for reconsideration because it was filed against an interlocutory order (Notice of Intent to Dismiss Liens), not a final order. Even if treated as a removal petition, it was denied due to a lack of demonstrated significant prejudice or irreparable harm. The Board, however, removed the case on its own motion to consider sanctions against Shandler & Associates for filing a frivolous petition. Sanctions of $250.00 are proposed for bad-faith litigation tactics, payable to the General Fund.

Notice of Intent to Dismiss LiensPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Interlocutory Procedural OrdersSignificant PrejudiceIrreparable HarmBad-Faith ActionsFrivolous Petition

References

Case No. ADJ4234884 (LAO 0804931) ADJ1711973 (LAO 0804932) ADJ4412867 (LAO 0804933)

Regular

Dec 24, 2012

JESUS VALDEZ ALVAREZ vs. AIR LOUVERS/SASON PRODUCTS, FEDERAL INSURANCE CO., administered by CHUBB & SON, MARCO MANUFACTURING, LENNOX INTERNATIONAL, INC. administered by BROADSPIRE CLAIMS SERVICES

This case involves a lien claimant, Shandler & Associates, petitioning for reconsideration of a February 24, 2004 order approving a Compromise and Release. The lien claimant argues its attorneys' fees were unprotected and that applicant's counsel failed to pay them. However, the petition is dismissed as untimely because the lien claimant had actual notice of the settlement and order on February 14, 2004, making its October 5, 2012 filing nearly nine years later untimely. The Appeals Board lacks jurisdiction to consider petitions filed beyond the statutory 20-day period, and any disputes over fees should be pursued through contract remedies.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantCompromise and ReleaseAttorneys' FeesUntimely PetitionActual NoticeWCJ ReportSupplemental PetitionEAMS

References

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ROBERTO PINEDA vs. CIRCUIT CITY, CIRCUIT CITY SELFINSURED SECURITY FUND

JESUS VALDEZ ALVAREZ vs. AIR LOUVERS/SASON PRODUCTS, FEDERAL INSURANCE CO., administered by CHUBB & SON, MARCO MANUFACTURING, LENNOX INTERNATIONAL, INC. administered by BROADSPIRE CLAIMS SERVICES

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantCompromise and ReleaseAttorneys' FeesUntimely PetitionActual NoticeWCJ ReportSupplemental PetitionEAMS