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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
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. ADJ1197547
Regular
Apr 02, 2013

RAMON LARIOS vs. STAFFMARK INC. WEST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR ATLANTIC INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing N-Care's lien claim. N-Care failed to pay the required $100 lien activation fee before their lien conference, and a stipulation was entered acknowledging this failure. While N-Care paid the fee shortly after the order of dismissal was issued, the Board found this was not timely compliance with the regulation requiring payment prior to the lien conference or at its commencement. The Board adopted the judge's reasoning that payment "at" the hearing meant at the time the hearing commenced, not at some later point during the same day.

Lien activation feeDWC emergency regulation 10208(a)Labor Code section 4903(b)Petition for ReconsiderationOrder Dismissing LienDeclaration of Readiness to Proceedlien conferenceworkers' compensation administrative law judgeEAMS systemdisposition
References
Case No. ADJ6566169
Regular
Feb 18, 2014

DAMING CAO vs. PRIME WHEEL CORP., PACIFIC COMPENSATION INSURANCE CO.

This case involves a lien claimant whose lien was dismissed for failure to pay an activation fee and appear at a conference. The lien claimant had settled its claim with the defendant the day prior and withdrawn its lien. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision was based in part on a preliminary injunction enjoining enforcement of lien activation fee provisions, as well as the lien claimant's timely settlement notification.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceSettlement AgreementLabor Code section 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRule 10770Lien Resolution
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
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. ADJ2852228
Regular
Nov 06, 2008

JAMES SWEARINGEN vs. CALIFORNIA HIGHWAY PATROL, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case concerns a lien claimant seeking reconsideration of an order requiring restitution for a settled workers' compensation lien. The Appeals Board found a potential mutual mistake of fact in the original stipulation regarding the total lien amount. The case is remanded to the trial level to determine if this mutual mistake occurred and to issue a new decision accordingly.

Workers' Compensation Appeals Boardlien claimantmutual mistake of factstipulated agreementrescissionrestitutionWCJpermanent disabilitymedical treatmentdate of service
References
Case No. ADJ2888679
Regular
Dec 29, 2011

RAMON BARAJAS vs. PIRANHA PIPE AND PRE-CAST, INC., MARSH USA

Lien claimants Face-2-Face and Dickman sought reconsideration after their liens were dismissed for non-appearance at a lien conference. The Appeals Board granted reconsideration, rescinded the dismissal order, and reinstated the liens. This action was taken because subsequent stipulations and orders on November 15, 2011, approved settlements for both Face-2-Face and Dickman's liens, resolving their claims. The Board's decision effectively affirmed these settlements while dismissing other previously dismissed liens.

Lien ClaimantReconsiderationOrder Dismissing LiensNotice of Intention to Dismiss LiensWCJPetition for ReconsiderationStipulation and OrderStipulation and AgreementRescindedIndustrial Injury
References
Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
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