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

Case No. ADJ8681153
Regular
Aug 09, 2018

MIGUEL RODRIGUEZ vs. PITMAN FARMS, INC., YORK INSURANCE SERVICES

The Workers' Compensation Appeals Board rescinded a prior order dismissing a lien claimant's claim for interpreter fees. The lien claimant had filed a declaration required by Labor Code section 4903.05, but did not electronically file it as required by WCAB Rule 10770.7. The Board found that although the electronic filing was defective, the lien claimant substantially complied by timely filing the declaration on paper. Therefore, the matter was returned to the trial level for the lien claimant to correct the filing and for adjudication of remaining issues.

Labor Code Section 4903.05WCAB Rule 10770.7Electronic Adjudication Management System (EAMS)Lien ClaimantDeclaration of LienDismissal by Operation of LawReconsiderationRemovalSubstantial ComplianceJurisdictional Time Limitation
References
4
Case No. ADJ10227813
Regular
Sep 28, 2018

ELIDIA REYNOSO vs. DIGITAL CURRENCY SERVICES, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order disallowing a lien claimant's lien. The lien claimant failed to file a required Labor Code section 4903.05(c) declaration, leading to dismissal by operation of law. However, the lien claimant asserted the failure was due to a software error and that they attempted to file the declaration later. The Board found that due process requires an evidentiary hearing to determine if the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Labor Code 4903.05DeclarationLien ClaimantExcusable NeglectPetition for ReconsiderationWCABEAMSDue ProcessEvidentiary HearingDismissal with Prejudice
References
8
Case No. ADJ6690599
Regular
Jul 05, 2013

MARIA MORENO vs. KELLY SERVICES, INC.; Permissibly SelfInsured, Administered By ESIS

The Workers' Compensation Appeals Board granted Defendant Kelly Services' petition for reconsideration, reversing the trial judge's decision to admit certain lien claimant exhibits and award payment. The Board found that lien claimant Foundation Medical Group (FMG) failed to comply with Labor Code section 4903.8(d) by not submitting required declarations for its billing records. The case is returned to the trial level for further proceedings regarding FMG's lien. Additionally, the Board dismissed lien claimant Express Case Management's petition for reconsideration as untimely.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLabor Code section 4903.8(d)Declaration under penalty of perjuryIndustrial injuryLow back injuryCompromise and ReleaseLien trialMedical bills
References
0
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ10711762 ADJ10901794
Regular
Dec 24, 2019

DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that a lien claimant's Labor Code section 4903.8(d) declaration required a "wet signature" for validity. The Board found that an electronically signed declaration, submitted via JET filing, meets legal requirements and is attributable to the signatory. Therefore, the lien claimant's declaration was deemed validly filed on the date of electronic submission, not when the "wet signature" was later provided. The case was remanded to the trial level for further proceedings on the statute of limitations issue.

WCABPetition for ReconsiderationLien ClaimantLabor Code section 4903.8(d)Wet SignatureElectronic SignatureStatute of LimitationsEDEXISJET FilerEAMS
References
4
Case No. ADJ8182087
Regular
Jan 18, 2018

Darin Day vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board affirmed a prior decision allowing a medical lien by VQ Orthocare against the City of Los Angeles. The Board found VQ's lien was valid despite late filing of a required declaration, as the lien was filed before the relevant statute's effective date. Defendant's arguments regarding the timeliness and form of the declaration were rejected, with the Board noting compliance with procedural rules for electronic filing and declarations under penalty of perjury. The lien was thus permitted to proceed on its merits.

Labor Code section 4903.8(d)Declaration requirementLien validityStatute of limitationsReconsiderationFindings and OrderMedical treatment lienSB 863SB 1160Declaration of readiness
References
11
Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
2
Case No. ADJ8130064
Regular
Mar 29, 2019

Victor Juarez vs. Masonry by Joe, State Compensation Insurance Fund, Imperium Insurance Company, Athens Administrators, Endurance Southern Insurance

This case involves lien claimants who filed their liens in 2012 but failed to submit timely Labor Code section 4903.8(d) declarations, which were required for liens filed before January 1, 2013, by January 1, 2014. The WCAB granted reconsideration, rescinded the WCJ's order dismissing the liens, and returned the matter for further proceedings. The Board found that while the declarations were untimely, the specific remedy for such untimeliness for pre-2013 liens is not defined in the statute. However, the Board noted that the WCAB possesses equitable powers, including the application of the doctrine of laches, to address unjustifiable delay in lien claims.

Labor Code section 4903.8(d)Lien claimantsPetition for ReconsiderationFindings and Orderuntimely declarationsLabor Code section 4903.8(e)Senate Bill 863equitable doctrine of lachesunjustifiable delayequitable powers
References
12
Case No. MISSING
Regular Panel Decision

DelRossi v. V

This case addresses an application by Bernadette DelRossi, as administratrix of her deceased husband John E. DelRossi's estate, for court approval of a wrongful death settlement and a declaration regarding a lien asserted by Aetna/U.S. Healthcare. John E. DelRossi died due to alleged medical malpractice, leading to a wrongful death action that settled for $825,000. Aetna/U.S. Healthcare (Aetna/Rawlings), an ERISA plan administrator, sought reimbursement for medical benefits paid to the decedent from these proceeds. The court ruled that Aetna/Rawlings' lien was invalid against the wrongful death settlement, as such proceeds do not form part of the decedent's estate and the administratrix, in this capacity, is not considered a plan member. The court granted all aspects of the plaintiff's application, including approving the settlement, counsel fees, the proposed distribution plan to the six distributees, and dispensing with the requirement for the administratrix to post a bond.

Wrongful DeathMedical MalpracticeERISA PreemptionSettlement DistributionLien InvalidityEstate AdministrationPecuniary LossInfant DistributeesJudicial DiscretionStatutory Interpretation
References
31
Case No. ADJ1601443 (AHM106445)
Regular
Jun 29, 2015

LAUREANO MENDOZA vs. OAK GROVE, INC., STATE COMPENSATOIN INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a finding and order disallowing a lien filed by PharmaFinance, LLC. The lien was disallowed because PharmaFinance failed to prove timely compliance with Labor Code section 4903.8(d) by not filing the required sworn declaration and supporting documentation at the appropriate times. The Board found the declaration, though eventually located, was untimely filed, and the lien was incomplete without the necessary supporting documentation. Therefore, PharmaFinance failed to meet its burden of proof to establish its lien.

WCABPharmaFinanceLandmark Medical ManagementLien claimantReconsiderationLabor Code section 4903.8(d)DeclarationEAMSStipulations and AwardPermanent disability
References
4
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