CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ8 453844
Regular
Jun 15, 2016

ISOBETH CABRERA vs. LABOR READY, ESIS

This case involves a lien claimant seeking reconsideration of a dismissed lien. The lien was dismissed because the claimant failed to appear at a lien conference and subsequently file a properly verified objection detailing the excusable neglect. While the Board granted reconsideration, it intends to affirm the dismissal unless the claimant provides a sworn affidavit from a person with personal knowledge explaining the circumstances of the failure to appear. This affidavit must sufficiently detail the mistake, inadvertence, surprise, or excusable neglect.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss Lienverified objectionCode of Civil Procedure section 473Fox v. Workers' Comp. Appeals Bd.Beverly Hills Multispecialty Group Inc. v. Workers' Comp. Appeals Bd.failure to appear
References
6
Case No. ADJ7764690
Regular
May 03, 2017

Melissa Tucker vs. Obagi Skin Health Institute, Hartford Sacramento

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien claim. The dismissal was based on the lien representative's failure to appear at a lien conference. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge explaining the excusable neglect, such as a computer error, that caused the representative's absence. This affidavit must demonstrate facts sufficient to establish mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473.

Lien claimantReconsiderationExcusable neglectCode of Civil Procedure section 473Fox v. Workers' Comp. Appeals Bd.Sworn declarationPersonal knowledgeComputer errorWCJ dismissalNotice of Intention
References
11
Case No. ADJ8639697, ADJ8585911
Regular
May 17, 2018

BRIGIDA PEREZ vs. LOVIN OVEN, THE TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order for a lien claimant's failure to appear at a lien conference. The lien claimant sought relief under Code of Civil Procedure section 473, claiming excusable neglect due to a mis-calendared hearing date. The WCAB found the lien claimant's petition lacked sufficient detail to establish excusable mistake. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge detailing the facts of the excusable mistake.

Lien claimantPetition for ReconsiderationExcusable neglectCode of Civil Procedure section 473Mis-calendaredSworn declarationPersonal knowledgeWCJDismissal with prejudiceFox v. Workers' Comp. Appeals Bd.
References
6
Case No. ADJ1622633
Regular
Apr 04, 2011

SALVADOR CONTRERAS vs. M&C FARM LABOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE PASADENA, PAULA INSURANCE

This case involved an applicant seeking to reopen his workers' compensation claim due to new and further disability. The WCAB denied reconsideration, upholding the WCJ's decision that the applicant's petition to reopen was barred by the five-year statute of limitations. This was because the petition was improperly filed in the wrong district office, violating WCAB rules requiring filing in the office with venue. Despite the applicant's pro se status and his argument for liberal construction, the majority found no alleged excusable neglect and thus upheld the dismissal. A dissenting opinion argued that the applicant's actions demonstrated mistake and excusable neglect, and that the WCAB should have excused the procedural error to allow a hearing on the merits.

Petition to ReopenStatute of LimitationsLabor Code Section 5410Labor Code Section 5804WCAB Rule 10390WCAB Rule 10450Proper VenueDistrict Office FilingMistakeInadvertence
References
6
Case No. ADJ10614811
Regular
Aug 19, 2019

JESUS ZUNIGA, vs. GAMA CONTRACTING SERVICE; BERKLEY SPECIALTY,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien claim. The lien claimant's representative failed to appear at a hearing, leading to the initial dismissal. While the lien claimant submitted declarations with incorrect hearing dates, the Board found that the dismissal should be reconsidered. The matter is returned to the trial level for a hearing on whether the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Tri County Medical Grouplien claimantPetition for ReconsiderationOrder Dismissing Lieninadvertent mistakeDeclaration of Ana MartinezReport and Recommendationsupplemental pleadinglien conferenceNotice of Intent to Dismiss
References
5
Case No. ADJ18697538
Regular
Oct 31, 2025

IVAN BABENKO vs. ENCORE GROUP, ACE AMERICAN INSURANCE COMPANY

Defendant sought reconsideration of an Order Imposing Sanctions and Costs issued by a Workers' Compensation Administrative Law Judge (WCJ), citing acute illness as the reason for failing to appear at an expedited hearing. The Appeals Board granted the defendant's petition for reconsideration. Consequently, the Board rescinded the original order for sanctions and costs, returning the matter to the trial level for further proceedings to evaluate the defendant's arguments regarding mistake, inadvertence, or excusable neglect.

Expedited hearingPetition for ReconsiderationSanctionsCostsFailure to AppearOrder to Show CauseNotice of IntentBill of ParticularsRescindedReturned to Trial Level
References
7
Case No. AHM 0057408
Regular
Apr 28, 2008

LINDALL. MILLER vs. LIFEWAY CHRISTIAN STORE, FIREMAN'S FUND INSURANCE COMPANY

This case involves lien claimants seeking reconsideration of an administrative law judge's order dismissing their lien claims due to failure to appear at a status conference. The Workers' Compensation Appeals Board dismissed the lien claimants' petition for reconsideration as untimely. However, the Board noted that the lien claimants may still file a trial-level petition to set aside the dismissal based on mistake, inadvertence, surprise, or excusable neglect.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissalNotice of Intention to DismissStatus ConferenceCompromise and ReleaseWCJLabor Code § 5903Code of Civil Procedure § 1013(a)
References
1
Case No. ADJ3745140 MON 0273709
Regular
Jul 24, 2013

NORMAN MIRANDA vs. MZN CONSTRUCTION INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed for failing to appear at trial. The Board found that the lien claimant's unsubstantiated claim of "human error" did not constitute good cause for their non-appearance. Their reliance on the *Fox v. Worker's Comp. Appeals Bd.* case was unpersuasive as they failed to demonstrate mistake, inadvertence, surprise, or excusable neglect as required for relief. Therefore, the dismissal of the lien was upheld.

Workers' Compensation Appeals BoardLien Claim DismissalPetition for ReconsiderationLien ConferenceWCJ OrderFailure to AppearGood CauseHuman ErrorExcusable NeglectCode of Civil Procedure Section 473
References
1
Case No. ADJ6989771
Regular
May 22, 2015

JOSE CAMARENA vs. AMERICAN GOLF CORPORATION, ARCH INSURANCE COMPANY

Lien claimant, Anthem Blue Cross, sought reconsideration of an order dismissing its lien due to a single non-appearance at a hearing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the dismissal was based on mistake, inadvertence, and excusable neglect. The WCAB emphasized the policy favoring hearings on the merits and noted the lien claimant's presence at the district office on the hearing date, its lack of prior similar conduct, and a sincere apology. Consequently, the WCAB rescinded the order dismissing the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienCode of Civil Procedure section 473(b)Excusable NeglectHeart AttackEmergency RoomPrivate Health InsuranceDenied Claim
References
4
Case No. ADJ7278127
Regular
Nov 15, 2013

MARTHA ZAZUETA-GARCIA vs. SPHERION CORPORATION, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded two orders compelling the defendant to pay medical liens. The original orders were issued after the defendant failed to appear at a lien trial, but the defendant argued they did not receive proper notice. The Board found the defendant's failure to appear was due to mistake, inadvertence, or excusable neglect, supported by evidence of a late-filed substitution of counsel and alleged lack of notification. Consequently, the case was returned to the trial level for a new lien trial, with proper notice to be served on all parties.

Workers Compensation Appeals BoardLien TrialPetition for ReconsiderationOrder to Pay LienWCJFailure to AppearNotice of HearingSubstitution of AttorneysExcusable NeglectLabor Code Section 5506
References
2
Showing 1-10 of 1,101 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational