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. 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. 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. 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. ADJ7562078, ADJ7562289
Regular
Jul 01, 2013

JACK PHILLIP ARBALLO, JR. vs. NATURE'S BEST, TOKIO MARINE TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a joint order dismissing Orthomed LLC's lien claims. The dismissal was based on Orthomed's alleged failure to pay a lien activation fee and appear at a lien conference. However, the Board found that notice of the conference was improperly issued to Orthomed in one case and not at all in another. Consequently, the lien claim in one case was improperly dismissed and is returned for further proceedings, while the lien claim in the other case may still be dismissed if the fee was indeed not paid.

Lien activation feeLabor Code section 4903.06Joint Order Dismissing LienCompromise and Releaselien claimantNotice and Request for Allowance of LienDeclaration of Readiness to Proceedlien conferenceElectronic Adjudication Management SystemMinutes of Hearing
References
Case No. ADJ560768 (SJO 0256445)
Regular
Nov 29, 2011

MARK CAMPAGNA vs. AMERICAN CORP./AMERICAN AIRLINES; AMERICAN HOME ASSURANCE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Access Mediquip's petition. The WCAB found that Access Mediquip's objection to the Order Dismissing Lien was timely filed, despite the WCJ's initial belief to the contrary. Therefore, the WCAB rescinded the dismissal order and remanded the case to the trial level for further proceedings. This decision hinges on the correct calculation of the response deadline for the Notice of Intention to Dismiss Lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienLien claimantPinnacle Lien ServicesAccess MediquipWCJPermanent disabilityMedical treatment
References
Case No. ADJ3156595
Regular
May 24, 2011

JOSE ALVISO vs. CLS LANDSCAPE MANAGEMENT, REDWOOD FIRE & CASUALTY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Here's a summary of the case in four sentences for a lawyer: Lien claimant Sidhu Chiropractic's lien was dismissed due to non-appearance at a lien trial and failure to respond to a notice of intention to dismiss. Sidhu claimed it did not receive the notices, attributing the issue to mis-calendaring and misplacing documents after assigning the case file to a hearing representative. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings based on the policy favoring hearings on the merits. The Board noted that mis-calendaring alone is insufficient justification for non-appearance and left it to the WCJ's discretion to consider sanctions for the lien claimant's conduct.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissed LienNotice of Intention to DismissCompromise and ReleaseLien TrialNonappearanceGood CausePolicy of Favoring Hearing on Merits
References
Case No. ADJ3417047
Regular
Aug 21, 2017

LINEETTE VASQUEZ vs. CITY OF PASADENA WATER & POWER

The Workers' Compensation Appeals Board granted reconsideration for lien claimant South Medical Group. The lien claimant's lien was previously dismissed for non-appearance at a lien conference, which they claimed was due to lack of notice. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings. This decision was based on the WCJ's report, which recommended granting the petition.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationDismissing LienNon-appearanceLien ConferenceOrder Dismissing LienRescindedWCJFurther Proceedings
References
Case No. ADJ2889040
Regular
Aug 04, 2009

Rodrigo Ramirez vs. The Ebel Operating Company, State Compensation Insurance Fund

This case involves lien claimant Dr. Moussa Moshfegh, who sought reconsideration after his lien was dismissed for failure to appear at trial. The Board granted reconsideration, rescinded the dismissal, and returned the matter for further proceedings. This action was based on the Judge's acknowledgment that the lien claimant filed a timely objection and that a trial on the merits is generally favored. The decision is not a final ruling on the lien's validity.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder to Dismiss LienNotice of Intention to Dismiss LienTimely ObjectionLien TrialAdministrative Law JudgeFurther ProceedingsDecision After Reconsideration
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
Case No. ADJ6929141
Regular
Jan 10, 2016

EDDIE DAVISON vs. CLUB TOWING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the dismissal of Lien Claimant Firstline Health's (FLH) lien. FLH contended it never received the Notice of Intention to Dismiss Lien. The Board found that due to FLH's late appearance in the case, it likely did not receive notice of the lien conference, and FLH's sworn declaration of non-receipt of the NIT created sufficient doubt. Therefore, the matter is returned to the judge for further proceedings.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of Intention to Dismiss LienWCJSCIFProof of ServiceDeclaration Under Penalty of PerjuryWCAB Rule 10770.1Lien Conference
References
Showing 1-10 of 6,855 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