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

Case No. ADJ8105931
Regular
Dec 30, 2013

MARLA JACKSON vs. THE ARC OF SAN DIEGO, ALLIANT SPECIALTY INSURANCE SERVICES

This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien due to failure to pay the required activation fee under Labor Code section 4903.06. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal. This action was based on a federal court's preliminary injunction that enjoined enforcement of the lien activation fee provisions effective November 19, 2013. The matter is returned to the WCJ for further proceedings.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWorkers' Compensation Appeals BoardWCJRescinded orderReturn to trial levelFederal district court injunction
References
Case No. ADJ7967239
Regular
Jul 31, 2014

MARIA CASTRO vs. PROMATE PRODUCE USA, STAR INSURANCE

This case concerns lien claimants whose liens were dismissed for failure to pay a lien activation fee. A federal court subsequently issued a preliminary injunction enjoining enforcement of those fee provisions. Consequently, the Appeals Board rescinded the dismissal orders and returned the matter to the trial level for further proceedings. The decision acknowledges the impact of the federal injunction on the pending lien activation fee issue.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLien Activation FeeLabor Code Section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerRescinded OrderReturned to Trial LevelWCJ
References
Case No. ADJ2340078 (SDO 0299855), ADJ1779622 (SDO 0304111), ADJ6531135
Regular
Dec 17, 2013

FELIX SANDOVAL vs. PACIFIC WASTE SERVICES, AMERICAN HOME ASSURANCE by CHARTIS

A lien claimant's petition for reconsideration was granted after their lien was dismissed for failing to pay the required activation fee. This dismissal was based on Labor Code section 4903.06, which was subject to a federal preliminary injunction in *Angelotti Chiropractic v. Baker*. Due to the injunction, the Workers' Compensation Appeals Board rescinded the dismissal order. The case is now returned to the administrative law judge for further proceedings consistent with this opinion.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLien activation feeLabor Code section 4903.06Preliminary injunctionAngelotti Chiropractic v. BakerWCJRescindReturn to trial level
References
Case No. ADJ8136280
Regular
Jan 17, 2014

MIRIAM PORTILLO vs. CITIZENS OF HUMANITY, CHARTIS

This case involves a lien claimant whose lien was dismissed for failing to pay a lien activation fee. However, a federal court had issued a preliminary injunction enjoining the enforcement of these fee provisions prior to the lien being dismissed. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case for further proceedings. The Board ruled that the lien activation fee provisions were unenforceable due to the injunction.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien Activation FeeLabor Code section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerWCJDismissed LienRescinded OrderFurther Proceedings
References
Case No. ADJ7841350, ADJ7839029
Regular
Jan 14, 2014

FERNANDO MURILLO vs. YOUNIQUE CAFE, INC., ZENITH INSURANCE COMPANY

This case involves a lien claimant whose lien was dismissed for failing to pay a statutorily required activation fee. However, a federal court issued a preliminary injunction enjoining the enforcement of these fee provisions effective November 19, 2013. Consequently, the Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB rescinded the dismissal order and returned the case to the WCJ for further proceedings, finding the lien dismissal improper due to the injunction.

Workers' Compensation Appeals BoardLienReconsiderationLabor Code section 4903.06Lien activation feePreliminary injunctionAngelotti Chiropractic v. BakerWCJRescindedTrial level
References
Case No. ADJ1118026 (LAO 0853635)
Regular
Nov 25, 2013

JOHNNY CASTANEDA vs. OLD CASTLE GLASS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant whose lien was dismissed for failing to pay a required activation fee under Labor Code section 4903.06. However, a federal court issued a preliminary injunction enjoining the enforcement of these fee provisions, effective November 19, 2013. Consequently, the Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. The Board determined that the lien claimant should not be penalized for non-payment due to the injunction.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationWCJ orderpreliminary injunctionAngelotti Chiropractic v. Bakerrescinded orderfurther proceedingsWorkers' Compensation Appeals BoardLIEN CLAIMANT
References
Case No. ADJ7222908
Regular
Jan 15, 2014

FIDELINO DEL CID vs. VOLT INFORMATION SCIENCES, GALLAGHER BASSETT

Lien claimants sought reconsideration of a WCJ order dismissing their liens for failing to pay the Labor Code section 4903.06 activation fee. A federal court injunction had previously stayed enforcement of this fee provision. Consequently, the Appeals Board granted reconsideration, rescinded the dismissal orders, and returned the case for further proceedings. The lien claimants' liens are reinstated pending further action.

Lien activation feeLabor Code section 4903.06Angelotti Chiropractic v. Bakerpreliminary injunctionWorkers' Compensation Appeals BoardPetition for ReconsiderationWCJrescind orderslien claimantsfederal district court
References
Case No. ADJ7839177 ADJ7830355
Regular
Dec 03, 2013

CARLOS ORANTES vs. STANTEX, FIRSTCOMP INSURANCE

This case involves a lien claimant whose lien was dismissed for failing to pay the required activation fee under Labor Code section 4903.06. However, a federal court injunction subsequently barred the enforcement of this fee provision. Consequently, the Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the dismissal order. The matter is now returned to the administrative law judge for further proceedings.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWCJWorkers' Compensation Appeals BoardRescinded orderReturned to trial levelLien claimant
References
Case No. ADJ2452007 (STK 0169879)
Regular
Oct 11, 2018

EDUARDO ALBERDIN vs. STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) rescinded a prior order dismissing lien claims for failure to pay activation fees. The WCAB found that the lien claimant's obligation to pay was impacted by the timing of U.S. District Court injunctions and subsequent vacating orders related to the fees. The matter is returned to the trial level to address lien identification and fee payment under the WCAB's clarified guidance.

Lien activation feesLabor Code section 4903.06Figueroa v. B.C Doering Co.Med-1 Medical CenterState Compensation Insurance FundCalifornia Insurance Guarantee AssociationWorkers' Compensation Appeals Boardconsolidationreconsiderationdue process
References
Case No. ADJ8148545, ADJ8147711
Regular
Feb 05, 2014

LAZARO GUERRERO vs. UNITED PLUMBING SERVICE INC., BERKLEY SPECIALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien for failure to pay the lien activation fee. This dismissal was rescinded because a federal court injunction prohibited the enforcement of the lien activation fee provisions of Labor Code section 4903.06. The case is returned to the WCJ for further proceedings, including consideration of the defendant's request for attorney's fees.

Petition for ReconsiderationLien Activation FeeLabor Code section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerWCJ Order RescindedLien ClaimantWorkers' Compensation Appeals BoardFurther ProceedingsAttorney's Fees
References
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