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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. ADJ2178733 (BAK 0154115)
Regular
May 27, 2014

LIDIA BUENO vs. RAVILA FARM LABOR SERVICES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This case involves a lien claimant, Biocare RX Specialty Pharmacy, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB). Biocare argued the dismissal was erroneous because it had not yet filed a lien. The WCAB granted reconsideration, rescinding the dismissal order. The Board found it lacked jurisdiction to dismiss a lien that had not been filed and that Biocare was improperly dismissed for non-appearance at a lien conference for which it received no notice.

Lien claimantPetition for ReconsiderationOrder to Dismiss LiensWCJBiocare RX Specialty PharmacyElite Lien Servicesjurisdictionfiled lienLabor Code section 4903.5industrial injury
References
Case No. ADJ6834877
Regular
Dec 22, 2014

EUSTELIO TELLEZ vs. BORDIERS NURSERY, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Liening Edge, Inc. on behalf of lien claimant Metrics Medical Group. The petition was denied on the merits due to Liening Edge and its "Director of Operations" lacking standing as they were not the official representative of record for Metrics Medical Group. Although the verification technically complied with Labor Code section 5902, the Board adopted the Workers' Compensation Judge's report, which detailed the lien claimant's failure to appear at scheduled hearings and their subsequent improper petition. Therefore, reconsideration was denied and the original decision imposing costs and sanctions was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStandingRepresentative of RecordMetrics Medical GroupLiening EdgeMedical Lien ManagementLabor Code Section 5902Findings and Order
References
Case No. ADJ8772515
Regular
Jun 26, 2018

FRANCISCO MARIN vs. MERCHANTS OF TENNIS, INC.

The WCAB granted reconsideration of an order dismissing a lien claimant's lien. The lien was dismissed due to the claimant's failure to object to a Notice of Intention to Dismiss. However, the record was unclear regarding what transpired at a subsequent lien trial where the claimant's representative appeared and all liens were purportedly resolved. The Board found the dismissal order lacked proper evidentiary basis and returned the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Lien ClaimantNotice of Intention to Dismiss LienCode of Civil Procedure section 473Compromise and ReleaseLien Conference Disposition FormMinutes of HearingLabor Code section 5313Rule 10750(a)
References
Case No. ADJ7740956
Regular
Sep 01, 2012

MARIA FUENTES vs. WHOLE FOODS MARKET, ACE/USA, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim from Vanguard Psychiatric Group. The dismissal was based on the lien claimant's failure to appear at a conference and timely object, but the Board found the lien was not properly filed at the time of dismissal. Therefore, Vanguard was not a party and not properly served with notice, entitling it to a hearing on the merits of its lien.

ReconsiderationOrder Dismissing LienLien ClaimantWCJLien ConferenceNotice of Intention to DismissObjectionGood CauseMerits of LienCompromise and Release
References
Case No. ADJ7324743
Regular
Sep 13, 2013

DIANA GARCIA vs. USA STAFFING INC., INTERCARE

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration of an order dismissing a lien claim. The lien claimant, Dr. Ashden, failed to pay the required lien activation fee before the commencement of the lien conference. The WCAB found this dismissal mandatory under statute and precedent, and ignorance of the law was not a valid excuse. Therefore, the lien was dismissed for failure to comply with the statutory fee requirement.

Lien activation feePetition for ReconsiderationFigueroa en bancCalifornia Code of Regulations title 8 section 10848Lien claimantOrder Dismissing Lien ClaimWorkers' Compensation Appeals BoardLabor Code section 4903.06Lien conferenceCompromise and Release
References
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