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

Case No. ADJ1952983
Regular
Mar 15, 2018

JUAN RIVERA vs. IMPORT EXPORT CACTUS, STATE COMPENSAITON INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of a prior ruling that deemed them to have waived objections to a specific invoice from lien claimant Scandoc Imaging. The WCAB denied reconsideration, finding that the defendant's objection, if any, was untimely, having been filed approximately four years after the invoice was submitted. California regulations require objections to medical-legal billings within 60 days to avoid waiver. Therefore, the defendant waived their objections to the reasonableness of the services and charges for invoice #234447-3.

WCABPetition for ReconsiderationFindings and Orderslien claimantinvoice objectionwaiver of objectionreasonableness of servicesLabor Code section 4622Scandoc ImagingImport Export Cactus
References
Case No. ADJ758842 (VNO 0559214)
Regular
Dec 17, 2010

JOHN PATCHETT vs. CITY OF LOS ANGELES

The Appeals Board denied the applicant's petition for removal, affirming the WCJ's decision to vacate the submission. This action was based on the DEU evaluator's testimony, which revealed deficiencies in the AMEs' reports concerning the AMA Guides. The Board found the applicant waived any objection to this testimony by failing to object at trial, and that the evaluator's expert opinion was permissible per *Blackledge v. Bank of America*. Defendant's objection, though not styled as a motion to strike, sufficiently raised the issues leading to the vacation of the rating.

Petition for RemovalOrder Vacating SubmissionDEU evaluatorAMA Guidesagreed medical evaluators (AMEs)rating instructionssubstantial evidenceobjective factors of disabilitywhole person impairmentformal rating
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. ADJ8166052
Regular
Aug 13, 2013

MARIA GARCIA vs. JOSE MARTINEZ ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of lien claims for failure to pay activation fees. The lien claimants, Imperial Medical Management and Allied Injury Management, argued they did not receive notice of the lien conference. However, the Board found evidence of proper service via US mail and email, consistent with their designated methods. Presumptions of regular performance of official duty and proper service applied, and a bare assertion of non-receipt was insufficient to overcome proof of service.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceService of NoticePresumption of ServiceNon-ReceiptLien ClaimantLien Activation FeeOrder Dismissing Lien ClaimElectronic Adjudication Management System
References
Case No. ADJ8453844
Regular
Aug 05, 2016

ISOBETH CABRERA vs. LABOR READY, ESIS

The Workers' Compensation Appeals Board affirmed an order dismissing a lien claim filed by Orthopedic Sports and Spine Medical Group. The lien claimant failed to appear at a lien conference and did not file a proper verified objection, which is required to seek relief from dismissal under Code of Civil Procedure section 473. The Board found the lien claimant's objection lacked the necessary sworn affidavit detailing excusable neglect. Therefore, the dismissal of the lien was upheld.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantOrder Dismissing LienPetition for ReconsiderationNotice of Intention to Dismiss LienVerified ObjectionExcusable NeglectCode of Civil Procedure Section 473WCJ
References
Case No. ADJ7009407 ADJ7009413
Regular
Jan 16, 2015

FRANCES VALLE vs. J&M SALES, INC., NATIONAL STORES, INC., dba FALLAS PAREDES, HARTFORD FINANCIAL SERVICES GROUP

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for failure to file a verified objection to dismissal. The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the dismissal order, and returned the matter for a ruling on the merits of the objection. The WCAB clarified that the rule regarding notice of attorney representation did not apply to the specific facts presented regarding the lien claimant's representation. The case is now back for the WCJ to determine the validity of the lien.

Petition for ReconsiderationOrder Dismissing LienLien ConferenceVerified ObjectionJudicial PolicyCuring DefectsNotice of Intention to DismissReport and RecommendationWCAB Rule 10774.5Notice of Representation
References
Case No. ADJ2973256 (OXN 0141107)
Regular
Apr 25, 2016

PATRICK STOCKTON vs. THE WATER SYSTEM GROUP, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a dismissal order. The dismissal was based on the lien claimant's failure to appear at a lien conference and the untimeliness and lack of good cause in their subsequent objection. While the objection's timeliness was questioned, the board agreed with the WCJ that a "failed mail procedure" does not constitute good cause for non-appearance. One commissioner dissented, believing the lien claimant's verified assertion of non-receipt of notice should warrant adjudication on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimDismissalNon-AppearanceLien ConferenceObjection LetterUntimelyGood CauseNotice of Hearing
References
Case No. ADJ7032646; ADJ7476468
Regular
Dec 24, 2012

MERCEDES NARVAEZ vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order vacating a prior dismissal of lien claims. The WCJ improperly treated a lien claimant's objection as a petition for reconsideration. This action was procedurally flawed as the objection predated the order it sought to challenge and was untimely. The WCJ's subsequent order to vacate the dismissal was also issued outside the permissible 15-day timeframe for WCJ action after reconsideration is sought.

Petition for RemovalOrder Vacating Order Dismissing Lien ClaimsWorkers' Compensation Appeals BoardLien ClaimantsWCJOrder to Dismiss LiensPetition for ReconsiderationLabor Code section 5900(a)Rule 10859untimely
References
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. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
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