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

Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ7564894
Regular
Jun 07, 2013

FLOR DE MARIA DE LEON vs. PORTO'S BAKERY, INC, TRAVELERS

Here's a summary for a lawyer: This case involves a lien claimant, First Choice Health UBC, whose lien was dismissed for failure to provide proof of timely payment of the lien activation fee at a lien conference. While the claimant's representative appeared for "FCH" and later submitted proof of payment for a different, similarly named entity (First Choice Medical Group), no proof was provided for First Choice Health UBC itself. The WCJ recommended denial of reconsideration, finding that the claimant failed to meet the requirements of Labor Code section 4903.06(a)(4) by not presenting evidence of activation fee payment for the correct entity at the conference, thus warranting dismissal with prejudice. The Appeals Board adopted the WCJ's report and denied the petition.

Lien ClaimantActivation FeePetition for ReconsiderationDismissal with PrejudiceContinuous TraumaServerBack InjuryKnee InjuryLower ExtremitiesNervous/Psyche
References
0
Case No. ADJ717785 (MON 0357270) ADJ2210479 (MON0357271) ADJ4156131 (MON 0357272) ADJ2088727 (MON 0357273)
Regular
Oct 12, 2010

GABRIELA MEDINA vs. INNOVATIVE FACILITY SERVICES, GALLAGHER BASSETTELK GROVE

This case involves a lien claimant, Arthur Malkin, D.C., seeking "re-reconsideration" of a prior denial of his lien claim. The Workers' Compensation Appeals Board dismissed the petition because it was improperly brought, untimely filed, and constituted a successive petition on the same issues. The Board also directed the Workers' Compensation Judge to address the defendants' pending petition for costs, sanctions, and attorney's fees against the lien claimant.

Lien claimantPetition for reconsiderationDismissalNewly discovered evidenceLabor Code section 3600(a)(10)Post-termination filingWCJEAMS errorPetition for costssanctions
References
9
Case No. LAO 0872687
Regular
Jul 01, 2008

VICKI JOHNSON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a psychiatric injury, upholding the original decision based on the judge's report and applicant's credibility. However, the Board granted the lien claimant's petition, amending the original findings to clarify that lien issues, including payment for subpoena services, were not addressed at trial. The Board affirmed the denial of the applicant's claim while rectifying the procedural status of the lien claimant's claim.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche/StressPsychiatric InjuryMedical OpinionCredibilityLien ClaimantSubpoena ServicesPetition for ReconsiderationFindings of Fact
References
1
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. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ2091864
Regular
May 08, 2013

LOUISE ALMARODE vs. NORWALK LA MIRADA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, adopting the administrative law judge's report. The WCAB also dismissed the defendant's petition for reconsideration because they were not aggrieved by the WCJ's decision. This order confirms the denial of the lien claimant's request and the dismissal of the defendant's request.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationAggrieved DefendantWCJ DecisionLabor Code § 5900Self-InsuredYork Risk Services GroupNorwalk La Mirada Unified School DistrictDeibra E. Lowe
References
0
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
0
Case No. MISSING
Regular Panel Decision

Stair v. Calhoun

Plaintiffs' counsel, Ballon Stoll Bader & Nadler, P.C., moved to withdraw from representing plaintiffs and sought a charging and retaining lien due to plaintiff Theodore Stair's substantial unpaid legal fees. Stair opposed the withdrawal, citing a pending settlement. The court granted counsel's motion to withdraw, finding Stair's prolonged failure to pay constituted deliberate disregard of his financial obligations. The court also granted a charging lien for $37,546.87, representing adjusted reasonable hours and expenses, but denied the motion for a retaining lien to prevent prejudice to the ongoing litigation and due to Stair's alleged indigence.

Withdrawal of CounselCharging LienRetaining LienUnpaid Legal FeesAttorney-Client RelationshipDeliberate DisregardQuantum MeruitShareholder DilutionMotion PracticeFee Dispute
References
86
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
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