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

Case No. ADJ6860509
Regular
Aug 16, 2012

JESUS HERNANDEZ vs. PLS FINANCIAL SERVICES, CHARTIS

This case concerns a lien claimant, Syndicated Diagnostic Imaging, whose lien was dismissed by the WCJ for failing to appear at a lien conference and not filing a timely objection to a notice of intent to dismiss. The lien claimant argued its representative appeared, and it filed a timely objection, but the Board found the objection was filed late and lacked proof of service or filing. The Board affirmed the dismissal because the lien claimant failed to demonstrate good cause for its absence or timely object to the dismissal notice.

Lien claimantSyndicated Diagnostic ImagingPetition for ReconsiderationOrder DenyingWCJlien conferencenotice of intention to dismissgood causeobjectionhearing representative
References
Case No. ADJ8133458 ADJ8103142
Regular
Jun 22, 2018

MYLY TRAN vs. CREATION TECHNOLOGY, HARTFORD SACRAMENTO, CHUBB GROUP LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) order dismissing a lien claim. The petitioner, Sunnyvale Imaging, argued they never received notice of intent to dismiss. The WCAB found the dismissal order lacked specificity in identifying which of Golden Gate Diagnostics' multiple outstanding liens was being dismissed. Therefore, the WCAB rescinded the dismissal order and returned the matter to the WCJ for further proceedings to clarify the specific liens at issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimElectronic Adjudication Management SystemNotice and Request for Allowance of LiensWCJ DecisionAdmitted EvidenceHamilton v. LockheedHernandez v. AMS Staff Leasing
References
Case No. ADJ10087317
Regular
Apr 11, 2016

Clark Fowler vs. Lompoc Unified School District

This case involves a worker's compensation appeal by Lompoc Unified School District challenging a 5% permanent disability award for applicant Clark Fowler. The employer argued the award was unsubstantiated due to the applicant's failure to undergo diagnostic testing. The Workers' Compensation Appeals Board denied reconsideration, upholding the award. The Board found the employer failed to prove applicant refused any evaluation and that even if one component of the disability rating was excluded, the applicant would still qualify for the same award based on another unimpaired physical function.

Workers' Compensation Appeals Boardpermanent disabilitysubstantial medical evidencediagnostic testingPetition for ReconsiderationFindings and Awardadministrative law judgeaccepted industrial injuryprimary treating physiciancarpal tunnel syndrome
References
Case No. ADJ1044769 (SJO 0202779)
Regular
Jun 21, 2013

ANH NGOC NGUYEN vs. ISOLA U.S.A. and FIREMAN'S FUND

This case concerns a petition for reconsideration filed by Golden State Diagnostic regarding a dismissed lien claim due to an unpaid activation fee. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, finding it procedurally deficient for being unverified, skeletal, and single-spaced. The WCAB noted that even if considered on its merits, the petition would have been denied based on the WCJ's reasoning. The matter is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien Claim DismissalLien Activation FeeUnverified PetitionSkeletal PetitionClerical ErrorLabor Code Section 5902WCAB Rule 10846Lucena v. Diablo Auto Body
References
Case No. ADJ8059604 ADJ8193294
Regular
May 26, 2016

EDDI MENDOZA GUZMAN vs. DIRECT CHASSIS, LLC, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's sanction order against lien claimant California Imaging Solutions and its representatives. The WCAB affirmed sanctions against Maria Trujillo and Nancy Ramirez for failing to appear at a hearing as ordered, reducing their sanction to $100 each. However, the WCAB rescinded sanctions against the lien claimant and its hearing representative, finding no basis for bad faith or sanctionable conduct by them. The case was returned for further proceedings on the lien claim itself.

Workers' Compensation Appeals BoardSan Diego ImagingCalifornia Imaging SolutionsLien ClaimantWCJSanction OrderLabor Code Section 5813Hearing RepresentativeBusiness LicenseDue Process
References
Case No. ADJ8374434
Regular
Feb 23, 2018

VICTORIANO EUSEDA vs. ABEL MENDOZA, INC., STAR INSURANCE

This case involves a lien claimant, California Imaging Solutions (CIS), whose lien was initially denied by the Workers' Compensation Appeals Board (WCAB). CIS petitioned for reconsideration, arguing the denial was in error. Subsequently, CIS and the defendant insurer, Star Insurance, mediated and reached a settlement for $1,100 to resolve the lien and related claims. The WCAB rescinded the original denial and approved the settlement agreement, commending the parties for their good faith negotiations.

Victimeno EusedaAbel Mendoza Inc.Star InsuranceCalifornia Imaging SolutionsSan Diego ImagingLien claimantFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judge (WCJ)Denied the lien
References
Case No. ADJ2211265 (AHM 0083473) ADJ4072860 (AHM 0083472)
Regular
May 06, 2011

Darlyn Piper vs. DANKA OFFICE IMAGING, ZURICH NORTH AMERICA, LIBERTY MUTUAL INSURANCE CO.

This case concerns applicant Darlyn Piper's appeal of a permanent disability award for injuries sustained while employed by Danka Office Imaging. Applicant argues for total permanent disability, challenging the WCJ's reliance on Dr. Marinow's apportionment and deposition testimony. The Appeals Board granted reconsideration because the WCJ failed to address the admissibility of Dr. Marinow's deposition testimony. The case is therefore remanded for the WCJ to determine the deposition's admissibility and weight before issuing a new decision.

Darlyn PiperDanka Office ImagingZurich North AmericaLiberty Mutual Insurance Co.permanent disabilitytotal permanent disabilityvocational rehabilitationDr. Marinowapportionmentnon-industrial factors
References
Case No. ADJ6622890
Regular
Mar 10, 2014

GIOVANNA MUNOZ vs. MARY ADAMS COLLINS, ALLSTATE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.

Petition for ReconsiderationProof of ServiceRebuttable PresumptionOrdinary Course of MailUntimelyJurisdictionLien ClaimWCABAdministrative Law JudgeWestern Imaging
References
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
Case No. ADJ1195708
Regular
Feb 11, 2011

ERNESTO VELEZ vs. BIRRIERIA JALISCO, INC., CYPRESS INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration for lien claimants M.R. Diagnostic Imaging and San Fernando Diagnostic Imaging. The Board rescinded the administrative law judge's dismissal of their liens, which was based on their alleged failure to object to a Notice of Intention to Dismiss. This dismissal occurred because the lien claimants' timely objection, filed due to an inability to attend a hearing, was not processed by the court. The case is now returned to the trial level for further proceedings and decision, ensuring the lien claimants' response is considered.

WCABLien ClaimantsReconsiderationDismissal of LiensNotice of Intention to DismissGood CauseTimely ObjectionDue ProcessWCJCompromise and Release
References
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