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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ7432605 ADJ7474502
Regular
Nov 10, 2016

JOSE HERNANDEZ vs. PRECOR INCORPORATED, AMER HOLDING COMPANY

Lien claimant Del Carmen Medical Center sought reconsideration of an order dismissing its lien for failing to appear at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the dismissal. The WCAB adopted the WCJ's report, which found Del Carmen was properly served with notice of the conference. Furthermore, Del Carmen failed to establish good cause to rescind the notice of intention to dismiss. The petition was also denied for case ADJ7474502, as Del Carmen was not a recorded lien claimant in that matter.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienworkers' compensation administrative judge (WCJ)Notice of Intention to Dismiss Lien (NIT)Objection to NITgood causerescind NITlien conferencefailure to appear
References
Case No. ADJ9407205
Regular
Jan 05, 2018

ELLIE KAUCHER vs. PACIFIC OAKS EDUCATION CORP., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Removal because no order dismissing their lien had been issued, rendering them not aggrieved. Additionally, the petition was dismissed for failing to include proof of service on an adverse party, which is a statutory requirement. The lien claimant failed to appear at a lien conference, prompting a Notice of Intention to Dismiss, but no actual dismissal order was made. Therefore, the Board found the petition procedurally defective and without merit.

Petition for RemovalLien ClaimantOrder of Dismissing LienWorkers' Compensation Appeals BoardNotice of Intention to Dismiss LienProof of ServiceAdverse PartyLabor Code Section 5905Aggrieved PartyLien Conference
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
References
Case No. ADJ4297322
Regular
Apr 26, 2013

ARTURO SALAS vs. BAY CITY CONTAINERS, COMPWEST INSURANCE COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed by the WCJ for failing to appear at a lien conference. The lien claimant argued they filed an objection and that dismissal for non-appearance was improper under Rule 10562. Although the petition was deemed timely filed as the claimant received the dismissal order late, the Appeals Board dismissed the petition due to procedural defects. Specifically, the petition was not properly served on adverse parties and lacked specific references to the record and applicable law as required by Board rules.

WCABlien claimantpetition for reconsiderationorder dismissing liennotice of intention to dismiss lienlien conferencefailure to appearobjectionserviceLabor Code section 5903
References
Case No. ADJ7937768
Regular
Apr 01, 2016

MARTHA SANCHEZ vs. JIB HOLDINGS dba JACK IN THE BOX, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The WCJ initially dismissed the lien for non-appearance at a lien conference, but the lien claimant argued it was not properly served with the Notice of Intention to Dismiss (NOI). Although the NOI was served on the lien claimant's representative at the correct address, making service technically proper, the subsequent dismissal order was defectively served. However, this defect only made the reconsideration petition timely, and the Board denied the petition on its merits, adopting the WCJ's reasoning.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienLien ConferenceMinutes of HearingProof of ServiceOfficial Address RecordHarmless ErrorDefective Service
References
Case No. ADJ103096 (LAO 0827788)
Regular
Apr 24, 2012

DEYSI CASTRO vs. KSL ENTERPRISES dba MCDONALD'S, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's untimely and unverified petition for reconsideration of an order dismissing their lien. The lien claimant had previously failed to seek reconsideration of an identical dismissal order served months earlier. The Appeals Board dismissed the petition as both untimely, exceeding the 20-day filing window, and unverified, lacking a required declaration. Therefore, the lien claimant's attempt to revive their dismissed lien was rejected by the Board.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienUntimely PetitionUnverified PetitionLabor Code §5903Labor Code §5902Compromise and ReleaseIndustrial Injuries
References
Case No. ADJ7224294; ADJ6597177
Regular
Dec 31, 2012

GIOVANNI MENDOZA vs. COBY ELECTRONICS CORP., CHUBB INSURANCE

The Workers' Compensation Appeals Board denied Dr. Nachman Brautbar's petition for reconsideration regarding the disallowance of his lien. The Board affirmed the finding that Dr. Brautbar failed to meet his evidentiary burden to prove the reasonableness and necessity of his services, and that he was not the applicant's treating physician. The Board clarified that lien claimants, like defendants, must prove their case by a preponderance of the evidence, and reliance on outdated case law like *Keifer* is misplaced due to legislative amendments. Furthermore, Dr. Brautbar's failure to appear at conferences and present evidence on raised issues, coupled with procedural errors in his petition, supported the denial.

Lien claimantPetition for ReconsiderationJoint Findings and OrdersWCJindustrial injurypsychelower extremityinternalherniacervical spine
References
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