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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. ADJ6566169
Regular
Feb 18, 2014

DAMING CAO vs. PRIME WHEEL CORP., PACIFIC COMPENSATION INSURANCE CO.

This case involves a lien claimant whose lien was dismissed for failure to pay an activation fee and appear at a conference. The lien claimant had settled its claim with the defendant the day prior and withdrawn its lien. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision was based in part on a preliminary injunction enjoining enforcement of lien activation fee provisions, as well as the lien claimant's timely settlement notification.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceSettlement AgreementLabor Code section 4903.06Angelotti Chiropractic v. BakerPreliminary InjunctionRule 10770Lien Resolution
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. 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. ADJ8608289
Regular
May 09, 2016

MALFI PORTILLO vs. ESPARZA ENTERPIRSES, INC.

This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failure to appear at a conference. The lien claimant argues their attorney was not served with notice and their representative appeared believing the lien was settled. The Workers' Compensation Appeals Board granted reconsideration, finding unresolved issues regarding service of process and the alleged settlement. The case is remanded to the trial level for further proceedings to address these disputed facts.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LiensNotice of Intention to Dismisslien conferenceCode of Civil Procedure section 473attorney affidavit of faultrescindedreturned to trial level
References
Case No. ADJ2897340 (VNO 0425114)
Regular
Dec 27, 2013

BLANCHE ALFI vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant who filed two liens with similar names for the same pharmacy. The WCJ dismissed one lien for failure to pay the activation fee, while the other, correctly paid, was settled. The lien claimant sought reconsideration, arguing the dismissal was moot because they paid the fee for the settled lien and that the dismissal order was invalid. The Board dismissed the petition, finding the lien claimant was not aggrieved by the dismissal and that the separate orders did not invalidate the settlement. The Board also admonished the claimant for wasting judicial resources with their filings.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOrder Dismissing LienLien Activation FeeLabor Code section 4903.06(a)(4)WCJNegotiated SettlementIndustrial InjuryPetition for Reconsideration
References
Case No. ADJ7523653
Regular
Jun 14, 2012

VIRGINIO SALINAS vs. WAWONA PACKING CO. LLC, TRISTAR RISK MANAGEMENT

This case concerns a lien claimant's petition for removal after the WCJ issued a notice of intention to dismiss the lien for failure to prosecute. The Board granted the petition, rescinding the dismissal notice. The WCJ improperly attempted to dismiss the lien, as the lien claimant was available by telephone during the mandatory settlement conference. The lien claim will now be continued for further proceedings at the trial level.

Petition for RemovalNotice of Intention To Dismiss LienLien ClaimantMandatory Settlement Conference (MSC)Lack of ProsecutionWCAB Rule 10301(x)WCAB Rule 10562(d)Lien ConferenceDecision After RemovalRescinded
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. SBR 0311342
Regular
Mar 07, 2006

JOSE R. FRANCO vs. CLA-VAL GRISWOLD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the defendant is estopped from asserting a statute of limitations defense against a lien claimant. The defendant had notice of the lien claimant's claim, as evidenced by settlement documents and a lien affidavit, and failed to serve the claimant with settlement documents as required by law. This failure to provide proper notice and an opportunity to be heard to the lien claimant precludes the statute of limitations defense.

Workers' Compensation Appeals BoardStatute of Limitation DefenseEstoppelLien ClaimantDue ProcessCompromise and ReleaseNotice of LienOpportunity to be HeardLabor Code section 4903.5Labor Code section 4904
References
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