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

Case No. ADJ3653158 (MON 0338459)
Regular
Jul 16, 2010

SOBEYDA M. LOPEZ (JARKINS) vs. J&M SALES, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, finding that the WCJ improperly rescinded her prior decision. Lien claimants' petition for reconsideration was denied as it was untimely filed, making the WCJ's initial December 16, 2009 decision final. The WCAB rescinded the WCJ's subsequent orders of January 27, 2010, and April 28, 2010, thereby reinstating the December 16, 2009 decision which disallowed the lien claimants' claims. The WCAB also found the lien claimants' objection to the WCJ's intent to submit on the record to be untimely filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsWCJ AuthorityRescission of OrderTimeliness of FilingLabor Code Section 5903Jurisdictional Time LimitFinal OrderBoard Rule 10859
References
10
Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
6
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
1
Case No. ADJ6690599
Regular
Jul 05, 2013

MARIA MORENO vs. KELLY SERVICES, INC.; Permissibly SelfInsured, Administered By ESIS

The Workers' Compensation Appeals Board granted Defendant Kelly Services' petition for reconsideration, reversing the trial judge's decision to admit certain lien claimant exhibits and award payment. The Board found that lien claimant Foundation Medical Group (FMG) failed to comply with Labor Code section 4903.8(d) by not submitting required declarations for its billing records. The case is returned to the trial level for further proceedings regarding FMG's lien. Additionally, the Board dismissed lien claimant Express Case Management's petition for reconsideration as untimely.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLabor Code section 4903.8(d)Declaration under penalty of perjuryIndustrial injuryLow back injuryCompromise and ReleaseLien trialMedical bills
References
0
Case No. ADJ717785 (MON 0357270) ADJ2210479 (MON0357271) ADJ4156131 (MON 0357272) ADJ2088727 (MON 0357273)
Regular
Oct 12, 2010

GABRIELA MEDINA vs. INNOVATIVE FACILITY SERVICES, GALLAGHER BASSETTELK GROVE

This case involves a lien claimant, Arthur Malkin, D.C., seeking "re-reconsideration" of a prior denial of his lien claim. The Workers' Compensation Appeals Board dismissed the petition because it was improperly brought, untimely filed, and constituted a successive petition on the same issues. The Board also directed the Workers' Compensation Judge to address the defendants' pending petition for costs, sanctions, and attorney's fees against the lien claimant.

Lien claimantPetition for reconsiderationDismissalNewly discovered evidenceLabor Code section 3600(a)(10)Post-termination filingWCJEAMS errorPetition for costssanctions
References
9
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
19
Case No. ADJ769558
Regular
Apr 02, 2013

JOSE VILLA-TORRES vs. CARMAX AUTO SUPERSTORE, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, upholding the administrative law judge's (ALJ) finding that the lien claim was barred by the statute of limitations. The WCAB also dismissed the defendant's petition for reconsideration as untimely. The Board declined to impose sanctions on either party, though it admonished defendant's counsel for excessive exhibits. The ALJ's report, which detailed the untimeliness of the lien claim and found no basis for tolling the statute of limitations, was adopted and incorporated by the WCAB.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDismissalStatute of LimitationsLabor Code Section 4903.5Compromise and ReleaseToll Statute of LimitationsEquitable EstoppelMedical Provider
References
3
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
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
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