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

Case No. ADJ9013680 ADJ6455298
Regular
Mar 10, 2017

EDWARD ORTA vs. HEIN HETTINGA, ZENITH INSURANCE COMPANY

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reasons for dismissal were that the petition was unverified, as required by Labor Code section 5902, and lacked proof of service on adverse parties. Despite notice of the verification defect from the WCJ's report, the applicant failed to cure it within a reasonable time. The WCAB also denied a supplemental handwritten letter from the applicant due to lack of verification and service.

Petition for ReconsiderationVerifiedProof of ServiceDismissalUnverifiedLabor Code Section 5902Adverse PartiesSupplemental PleadingAppeals Board Rule 10848Cures the Defect
References
Case No. ADJ777354
Regular
Jul 12, 2012

WILLIAM SHIELDS vs. J.G.'S KITCHEN CONCEPTS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The lien claimant failed to appear at a hearing and their subsequent petition was unverified and lacked any legal argument. The Board found that the lien claimant's stated difficulties in securing representation do not constitute excusable neglect or good cause for their non-appearance. Therefore, the dismissal of the lien was upheld.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationNotice of Intention to DismissUnverified PleadingVerification DefectGood CauseExcusable NeglectBusiness PracticesHearing Representatives
References
Case No. ADJ2862412 (LBO 0337338)
Regular
Jun 08, 2009

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified. The defendant sought to rescind a prior order continuing the matter to trial, arguing a previous award was clear and the lien claimant should have sought reconsideration. WCAB Rule 10843(b) mandates verification for petitions for removal and answers thereto. Because the petition lacked verification, it was summarily dismissed.

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verified PleadingsRescind OrderOrder of ContinuationLien ClaimantIrreparable HarmVerified PetitionWorkers' Compensation Appeals Board
References
Case No. ADJ1359013
Regular
Jun 28, 2013

LUCIA REYES vs. JUICE HARVEST, INC.

This case concerns a lien claimant, Advanced Professional Imaging Medical Group (APIMG), seeking reconsideration of a WCJ's order dismissing their lien for failure to pay the required activation fee. APIMG's petition for reconsideration was deemed skeletal and unverified, failing to adequately state the grounds for appeal or reference supporting evidence and legal authority. The Appeals Board dismissed the petition, citing APIMG's failure to comply with statutory requirements for such filings. This dismissal was based on the petition's lack of specificity, failure to engage with material evidence, and absence of verification.

Lien activation feePetition for reconsiderationSkeletal pleadingDismissal of lienLabor Code 4903.06Workers' Compensation Appeals BoardWCJPublic Information Search ToolVerification of pleadingsAddecco Employment Services v. Workers' Comp. Appeals Bd.
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. ADJ1273904 (MON 0236591) ADJ164684 (MON 0236590)
Regular
Feb 05, 2020

BETTY BAUER vs. RIP GRIFFIN, CIGA on behalf of HOME INSURANCE COMPANY, in liquidation

This Workers' Compensation Appeals Board (WCAB) decision dismisses a lien claimant's Petition for Removal. The petition was filed after the administrative law judge (WCJ) scheduled trial and denied a continuance request. However, the WCJ subsequently issued an order continuing the matter, rendering the Petition for Removal automatically dismissed. Consequently, the WCAB will not consider the lien claimant's supplemental pleading request.

Petition for RemovalWCJlien claimantautomatically dismissedsupplemental pleadingWorkers' Compensation Appeals BoardCIGAliquidationadministrative law judgetrial
References
Case No. ADJ7180817
Regular
Feb 02, 2018

VICTOR SALGUERO vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed untimely. The petition was deemed filed on December 12, 2017, which was one day after the jurisdictional deadline of December 11, 2017. This tardiness resulted from the petition being electronically filed after 5:00 PM on the final day for filing. The Board also admonished the defendant's litigation manager for submitting unverified evidence and making unsubstantiated factual assertions.

Petition for ReconsiderationTimelinessDismissalElectronic Adjudication Management SystemEAMSAppeals Board RuleWCJSupplemental PleadingJurisdictionalFindings of Fact
References
Case No. VNO 0481628
Regular
Mar 05, 2008

ANNOOSH AGHAJANI vs. FEDERATED MAY DEPARTMENT STORES, NATIONAL LIABILITY FIRE & MARINE INSURANCE COMPANY C/O ACCAM

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order that dismissed the applicant's petition to reopen for new and further disability. The Board found the prior order ambiguous and improperly treated as a demurrer, violating due process by denying the applicant a hearing on the merits. The case is returned to the trial level for a full hearing to determine the applicant's claims for increased orthopedic, psychiatric, and internal injuries.

Petition to ReopenNew and Further DisabilityOrthopedic DisabilityPsychiatric DisabilityGastric DisabilityDue ProcessSubstantial Medical EvidenceCumulative TraumaSpecific InjuryDemurrer
References
Case No. ADJ8686864
Regular
Dec 23, 2015

JOSE MOLLINEDO vs. STARLINE TOURS OF HOLLYWOOD, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, SPARTA INSURANCE, AMERICAN CLAIMS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was unverified. Labor Code section 5902 mandates verification, and precedent allows dismissal for unverified petitions that are not cured or adequately explained after notice. The applicant failed to cure the defect or provide a compelling reason for its absence within a reasonable time. Therefore, the Board dismissed the petition.

Petition for ReconsiderationVerification defectLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodyDismissalWCJ reportLien claimant
References
Case No. ADJ6798366; ADJ6798362; ADJ6798429
Regular
Dec 28, 2012

JUAN MANUEL MENDIETA vs. HIGH END KNITWEAR INC.; ILLINOIS MIDWEST

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified, violating Labor Code section 5902. The lien claimant argued the WCJ erred by dismissing their lien without a hearing, claiming they never received notice. However, the Board found the unverified nature of the petition to be dispositive. Even if the petition had been verified, it would have been denied on the merits based on the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing PetitionLien ClaimantJoint Order Dismissing LienNotice of Intention to DismissUnverified PetitionLabor Code section 5902Due Process RightsWCJ
References
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