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

Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7476466
Regular
Jul 17, 2013

JESUS AGUILAR vs. ROSABLA A. SAWERS, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP., AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Greenway Clinic's Petition for Reconsideration, upholding the dismissal of its lien. Greenway argued that electronic system malfunctions prevented timely payment of a lien activation fee required under Labor Code section 4903.06. However, the Board found this section inapplicable to liens filed after January 1, 2013, which are subject to a filing fee under section 4903.05. Because Greenway's lien was filed in 2013 without the required filing fee, it was deemed invalid and dismissed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationLien activation feeElectronic Adjudication Management SystemLabor Code section 4903.06Declaration of Readiness to ProceedCompromise and ReleaseLien filing feeInvalid lien
References
0
Case No. ADJ7350560
Regular
May 21, 2013

ANDREA BARRERA vs. PET SMART, SEDGWICK

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing Expert Medical Management's lien. The lien, filed before January 1, 2013, was subject to a lien activation fee under Labor Code Section 4903.06(a). Expert Medical Management failed to pay this fee, despite multiple opportunities, leading to the dismissal of their lien claim. The Appeals Board adopted the judge's report, which found the lien claimant's arguments regarding Labor Code Section 4903(b) amendments and penalty payments irrelevant to the activation fee requirement.

Lien activation feePetition for ReconsiderationLabor Code §4903.06(a)Medical-legal expensesLabor Code §4903(b)Expert Medical ManagementWCABWorkers' Compensation Appeals BoardDewayne MarshallStipulations with Request for Award
References
1
Case No. ADJ6757406
Regular
Apr 08, 2013

ESPERANZA CARRILLO vs. INTEGRATED HEALTHCARE HOLDINGS, INC. (formerly WESTERN MEDICAL CENTER), REDWOOD FIRE & CASUALTY INSURANCE COMPANY

In this workers' compensation case, the Appeals Board denied reconsideration of an order dismissing several lien claims. The dismissal was due to the lien claimants' failure to pay the required lien activation fee as mandated by Labor Code section 4903.06(a)(4). The Board also admonished certain lien claimants for failing to properly notify the employer and the Board of changes in their representatives as required by Labor Code section 4903.6(b). The WCJ's report, incorporated by the Board, found the lien claimants' arguments regarding constitutionality and procedural due process to be without merit.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code section 4903.06Lien Activation FeeDismissal of LiensDue ProcessSB 899SB 863EAMS
References
4
Case No. 525196
Regular Panel Decision
Apr 26, 2018

Matter of Derouchie v. Massena W. Wc Smelter

Claimant Gerry J. Derouchie sustained injuries on February 18, 2015, including to his right knee and left hip, after stepping into a pothole on his employer's premises. He filed for workers' compensation benefits, and his case was established for multiple injuries. Having prior injuries and surgeries, claimant sought authorization for total right knee and left hip replacement surgeries, which the employer and carrier denied. A Workers' Compensation Law Judge (WCLJ) granted the authorization, and the Workers' Compensation Board affirmed, finding a causal relationship between the February 2015 accident and the need for surgeries. The Appellate Division, Third Department, affirmed the Board's decision, citing substantial evidence and deference to the Board's assessment of medical witness credibility.

Workers' Compensation BenefitsCausal RelationshipKnee Replacement SurgeryHip Replacement SurgeryPreexisting ConditionsAggravation of InjuryMedical AuthorizationSubstantial EvidenceCredibility AssessmentAppellate Review
References
10
Case No. ADJ3274228
En Banc
Apr 25, 2013

Cliezer Figueroa vs. B.C. Doering Co., Employers Compensation Insurance Co.

En Banc decision holding that a lien activation fee under Labor Code § 4903.06 must be paid before a lien conference commences, and failure to do so mandates dismissal with prejudice.

Lien activation feeLabor Code section 4903.06En Banc decisionWCABlien conferencedismissal with prejudiceproof of paymentDeclaration of Readiness to ProceedOrthomed LLCmandatory dismissal
References
4
Case No. ADJ7530623
Regular
Jan 07, 2014

JESUS TORRES vs. PALOS VERDES GOLF CLUB, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, BECHMARK INSURANCE COMPANY

The WCAB granted reconsideration to a lien claimant after its lien was dismissed for failure to pay a statutorily required activation fee. This dismissal occurred prior to a federal court injunction that stayed enforcement of the lien activation fee provisions of Labor Code section 4903.06. Consequently, the WCAB rescinded the dismissal order and returned the case to the WCJ for further proceedings.

Labor Code section 4903.06lien activation feepetition for reconsiderationworkers' compensation administrative law judge (WCJ)preliminary injunctionAngelotti Chiropractic v. Bakerrescindreturn to trial levellien claimantWorkers' Compensation Appeals Board (WCAB)
References
1
Case No. ADJ6687719
Regular
Dec 30, 2013

RODNEY MYERS vs. TRISTAR GLOBAL ENERGY, CHARTIS

A lien claimant's petition for reconsideration of a dismissed lien was granted. The WCJ had dismissed the lien for failure to appear and pay the lien activation fee (LAF) under Labor Code section 4903.06. However, a federal court injunction had suspended enforcement of the LAF provisions prior to the dismissal. Consequently, the dismissal order was rescinded and the matter returned for further proceedings.

Lien activation feeLabor Code section 4903.06Petition for Reconsiderationpreliminary injunctionAngelotti Chiropractic v. BakerWorkers' Compensation Appeals BoardWCJrescind orderfurther proceedingstrial level
References
1
Case No. ADJ7150519; ADJ7635725
Regular
Dec 11, 2013

GRACIELA TORRES vs. 99 CENTS ONLY STORES; Permissibly Self-Insured, Adjusted by SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed a lien claimant's lien for failure to pay a lien activation fee. This dismissal was based on Labor Code section 4903.06, but a federal court injunction had stayed enforcement of this fee provision. Consequently, the Board rescinded the dismissal order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals Boardlien claimantpetition for reconsiderationworkers' compensation administrative law judgelien activation feeLabor Code section 4903.06preliminary injunctionAngelotti Chiropractic v. Bakerrescind orderADJ7150519
References
1
Case No. ADJ7222908
Regular
Jan 15, 2014

FIDELINO DEL CID vs. VOLT INFORMATION SCIENCES, GALLAGHER BASSETT

Lien claimants sought reconsideration of a WCJ order dismissing their liens for failing to pay the Labor Code section 4903.06 activation fee. A federal court injunction had previously stayed enforcement of this fee provision. Consequently, the Appeals Board granted reconsideration, rescinded the dismissal orders, and returned the case for further proceedings. The lien claimants' liens are reinstated pending further action.

Lien activation feeLabor Code section 4903.06Angelotti Chiropractic v. Bakerpreliminary injunctionWorkers' Compensation Appeals BoardPetition for ReconsiderationWCJrescind orderslien claimantsfederal district court
References
1
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