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Case Law Database

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

Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. SDO 0335244
Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

This case involved a petition to disqualify a Workers' Compensation Judge (WCJ) based on a prior declaration of bias and an alleged appearance of bias. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that while a previous case established a past appearance of bias, the current petition lacked specific evidence of present bias or appearance thereof. Furthermore, the WCAB concluded that sufficient time had passed since the prior proceedings, and the appearance of bias, if any, had sufficiently attenuated.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeLabor Code section 5311WCAB Rule 10452Appearance of BiasActual BiasBlanket RecusalMandatory Settlement ConferenceIndustrial Injury
References
1
Case No. ADJ8784998
Regular
Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Lien claimants Comprehensive Outpatient Surgery Center and Technical Surgery Support sought reconsideration after their liens were dismissed for failing to appear at a lien conference. The WCAB granted reconsideration, rescinded the dismissal orders, and returned the matter for further proceedings. This decision stems from the lien claimants' contention that they had notified the WCAB of an illness preventing their representative's appearance. The WCAB found that the dismissal orders appeared to have been issued erroneously.

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level
References
2
Case No. ADJ3995222
Regular
Oct 03, 2014

CHRISTINE PUBLICOVER vs. BOUGET BROS, LIBERTY MUTUAL INSURANCE

This case concerns Dr. Mark Greenspan's lien, which was dismissed due to non-appearance at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied Dr. Greenspan's Petition for Reconsideration, upholding the dismissal. The WCAB found that Dr. Greenspan failed to establish good cause for his non-appearance, as the alleged hacking issue did not justify the lack of awareness regarding the hearing date. Furthermore, the WCAB noted that defendants are not obligated to contact lien claimants about non-appearances.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportSection 10848lien conferenceNotice of Intent (NOI)EAMSlien claimantgood causehacking
References
0
Case No. ADJ7722200
Regular
Jul 20, 2015

LILIA CAMACHO vs. ANGELS BASEBALL, LP, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board (WCAB) case involves lien claimant VQ Orthocare's petition for reconsideration after their lien was dismissed for failure to appear at a scheduled conference. VQ Orthocare attributed their absence to a miscalendaring error caused by a mistake in the applicant's name. The WCAB adopted the judge's report recommending denial of the petition, finding no grounds to rescind the dismissal for failure to appear. The WCAB noted the judge could consider sanctions against VQ Orthocare due to their non-appearance at a conference they scheduled and lack of efforts to rectify the situation.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien conferenceDeclaration of Readiness to ProceedMiscaleandingInadvertence and mistakeWCJ
References
0
Case No. ADJ8560542
Regular
Oct 17, 2016

SAMUEL LARA vs. DIAMOND RESTAURANT MANAGEMENT, AMERICAN CLAIMS SAN DIEGO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien based on a failure to file a Notice of Representation (NOR) under WCAB Rule 10774.5. The WCAB found that because the rule became effective after the lien claimant initially appeared, a new NOR was not required when an employee of their representative appeared. Therefore, the WCAB rescinded the dismissal order and returned the matter for further proceedings.

WCAB Rule 10774.5Notice of RepresentationLien ClaimantAR Jureidini DowneyWilliam EspinozaOrder Dismissing LienPetition for ReconsiderationAgencyEmployee RepresentativeWCJ
References
1
Case No. ADJ7671309
Regular
Jul 28, 2014

ISRAEL SALAZAR vs. HEALTHCARE SERVICES GROUP, ZURICH NORTH AMERICA

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a scheduled lien conference. The lien claimant's representative claimed the non-appearance was due to a calendaring error, believing the appearance was at 1:30 PM instead of in the morning. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that the representative's explanation did not constitute good cause and that his mere presence in the courtroom for other matters did not constitute an appearance for this specific conference.

WCABLien ClaimantPetition for ReconsiderationDismissalNon-AppearanceLien ConferenceGood CauseExcusable NeglectWCJOrder Dismissing
References
0
Case No. ADJ780584, ADJ7543597
Regular
Feb 25, 2016

Diana Muniz vs. Edward Chen, M.D., The Hartford Insurance Company of the Midwest

The Workers' Compensation Appeals Board (WCAB) granted a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant's representative mistakenly appeared at a different hearing, failing to appear at the scheduled lien conference. Despite the WCAB acknowledging the claimant's objection and the error, they affirmed the dismissal of the lien because the claimant failed to demonstrate good cause for their absence, as lien claimants are responsible for appearing at noticed hearings. Therefore, the lien was ultimately dismissed with prejudice due to the failure to appear and lack of good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearWCJWCAB Rule 10240
References
6
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
1
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