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

Case No. ADJ7456943
Regular
Jun 12, 2015

LILIAN LOPEZ vs. THE EDWARD THOMAS COMPANIES, GALLAGHER BASSETT SERVICES

This case concerns a lien claimant, Elena Konstat, Ph.D., whose lien was dismissed after she failed to appear at a lien conference and did not provide good cause. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the dismissal. The Board found that the lien claimant's notice of representation was procedurally deficient and did not comply with relevant WCAB rules. Additionally, the petition for reconsideration itself lacked proper verification from someone with personal knowledge of the facts.

Lien claimantPetition for ReconsiderationOrder Dismissing LienWCJNotice of RepresentationWCAB Rule 10774.5failure to appeargood causeverificationpersonal knowledge
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 The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the dismissal order, and returned the matter for a ruling on the merits of the objection.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. ADJ8077330
Regular
Jan 26, 2018

LISA HENRY vs. ALLIED BARTON SECURITY SERVICES, Insured By ARCH COMPANY, Administered By ESIS CHATSWORTH

Lien claimants sought reconsideration of orders dismissing their liens due to alleged failure to file a Notice of Change of Representation. The Appeals Board granted reconsideration because the proof of service for the dismissal orders was insufficient, making the lien claimants' petition timely. Furthermore, the Board found that lien claimants complied with WCAB Rule 10774.5(e) by presenting their Notice of Representation at the lien trial. Consequently, the WCAB rescinded the dismissal orders and returned the matter for further proceedings.

WCABLien ClaimantsNotice of Change of RepresentationWCAB Rule 10774.5(e)(2)Petition for ReconsiderationWCJEAMSOfficial Address RecordProof of Servicetimely filed
References
Case No. ADJ6643295
Regular
Oct 28, 2014

FRANCISCO MARTINEZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURER'S SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded three orders dismissing lien claims due to unclear representation of the lien claimants at trial. The WCAB noted the lien claimants' representative, BBE Management, and a potential representative, Mr. House, had conflicting or unclear roles. Therefore, the matter was returned to the WCJ for further proceedings to clarify representation and to reconsider sanctions. Sanctions were not imposed at this time pending this clarification.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing Lien ClaimsWCJlien claimantsBBE ManagementWCAB Rule 10774.5notice of intention to dismissnotice of intention to impose sanctionsobjection
References
Case No. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
Case No. ADJ1377104 (VNO 0494626) ADJ4461737 (VNO 0494235) ADJ1560314 (VNO 0494624) ADJ4309040 (VNO 0494121) ADJ121879 (VNO 0494236)
Regular
May 11, 2016

STEFFANI ALVAREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board dismissed the lien claimants' petition for reconsideration because it was filed one day late. The Board affirmed the WCJ's dismissal of the liens for failure to file a notice of representation. The opinion also provides detailed guidance on the strict requirements for filing a notice of representation under WCAB Rule 10774.5.

WCABPetition for ReconsiderationLien claimantsNotice of representationWCJTimelinessLabor CodeRule 10774.5Allied Injury ManagementSan Bernardino
References
Case No. ADJ6573692
Regular
May 09, 2016

Gloria Mares vs. 99 Cents Only Stores, Broadspire

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by lien claimants. The petition was dismissed because the lien claimants' representative, Frank Ureno, failed to file a proper Notice of Representation with the Board. This procedural defect, the failure to comply with notice requirements for representation, was grounds for dismissal. The Board also noted that the petition would have been denied on its merits if not for the procedural issue.

Petition for ReconsiderationLien claimantsNotice of RepresentationHearing RepresentativeCalifornia Code of Regulations 10774.5DismissalWorkers' Compensation Appeals BoardWCJ ReportUn-numbered pagesOrder Dismissing Lien Balance
References
Case No. ADJ6786700
Regular
May 26, 2015

MICHELLE LOPEZ vs. SHERATON PARK HOTEL, VALLEY FORGE INSURANCE COMPANY

Lien claimants' petition for reconsideration was granted because the WCJ erred in disallowing their liens. The WCAB found that the lien claimants' Notices of Representation complied with WCAB Rule 10774.5, as they clearly identified the representatives and met the signing requirements. Because the lien claimants were denied an opportunity to be heard due to the WCJ's improper rejection of their representation, the WCAB rescinded the order and remanded the case for a new lien hearing.

WCAB Rule 10774.5Lien claimantsNotice of RepresentationWCJPetition for ReconsiderationDue ProcessOpportunity to be heardSubstitution of attorneyWCABAdministrative law judge
References
Case No. ADJ9985796
Regular
Aug 13, 2019

OSCAR AYALA vs. SAN CLEMENT BODY SHOP, LLC, AMGUARD INSURANCE COMPANY, GUARD INSURANCE

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board affirmed the WCJ's denial of the lien claim, finding the claimant failed to prove injury arising out of and in the course of employment and that services were provided prior to the denial. The claimant's representative repeatedly appeared without a proper Notice of Representation filed with the Board. The Board concluded that the representative's failure to file a valid Notice of Representation, despite multiple opportunities, justified the denial of the lien claim.

Notice of RepresentationLien ClaimantPetition for ReconsiderationWCJAOE/COEFindings of Fact and OrderCompromise and ReleaseDue ProcessWCAB Rule 10774.5EAMS
References
Showing 1-10 of 221 results

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