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

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The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien claim.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
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
Case No. ADJ10590233
Regular
Apr 29, 2019

MARTIN VASQUEZ vs. CR LAURENCE COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for reconsideration, upholding the administrative law judge's award to applicant Martin Vasquez. Defendant argued the judge improperly admitted medical reports not disclosed at the mandatory settlement conference. However, the Board found that a properly disclosed supplemental report effectively incorporated the unlisted permanent and stationary report, negating surprise or prejudice. Therefore, the Board concluded that admitting the incorporated report was consistent with substantial justice.

Petition for ReconsiderationWCJ Findings of FactAward and OrdersIndustrial InjuryLeft Knee InjuryTemporary DisabilityPermanent DisabilityPrimary Treating PhysicianMedical OpinionMandatory Settlement Conference
References
Case No. ADJ6821408
Regular
Aug 02, 2016

THELMA ESPINOZA vs. SUNRISE SENIOR LIVING, HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The lien claimant failed to appear at a scheduled lien conference, leading to the initial dismissal order. While the claimant argued excusable neglect due to miscalendaring, the Board found this assertion, without further detail, insufficient to establish good cause for relief. Therefore, the Board affirmed the dismissal of the lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of IntentionExcusable NeglectMistakeInadvertenceSurpriseFailure to Appear
References
Case No. ADJ7300335
Regular
Jun 04, 2019

LINDA PAUL vs. ALICE’S PRESCHOOL, NATIONAL LIABILITY & FIRE INSURANCE COMPANY administered by AMERICAN COMMERCIAL

The Workers' Compensation Appeals Board affirmed a judge's order dismissing lien claimant Western Imaging's lien. Western Imaging failed to appear at a lien conference, which the judge dismissed under WCAB Rule 10562. The Appeals Board found that a calendaring error, as claimed by Western Imaging, did not constitute good cause for relief under CCP 473(b), especially given that the representative was present when the hearing was continued. Therefore, the dismissal of the lien claim was upheld.

Lien ClaimantReconsiderationWCJDismissing Lien ClaimWCAB Rule 10562CCP 473(b)Human ErrorCalendaring ErrorGood CauseFox v. Workers' Comp. Appeals Bd.
References
Case No. ADJ2709315 (AHM 0139228)
Regular
Dec 01, 2015

EDGAR OSORIO SALGUERO vs. GATEWAY PLASTERING, INC., AIG CLAIMS

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference. The lien claimant argued they did not receive notice, but the Board found sufficient evidence of mailing and rejected their reliance on Code of Civil Procedure section 473 for relief. A dissenting opinion argued the lien claimant's detailed declaration rebutted the mailing presumption and warranted relief for probable postal inadvertence.

WCABPetition for ReconsiderationLien ConferenceDismissal of LienNon-AppearanceTitle 8 CCR Section 10562Notice of Intention to DismissGood CauseCompromise and ReleaseCode of Civil Procedure Section 473
References
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
Case No. ADJ7694630 ADJ7694653
Regular
Jun 29, 2015

, LAURA ARIAS, vs. , ADVANCE BUILDING MAINTENANCE; TRAVELERS,

The Workers' Compensation Appeals Board granted the lien claimant's Petition for Reconsideration. The Board rescinded the prior order dismissing the lien, deeming it a notice of intention to dismiss. The matter was returned to the trial level, with the petition to be treated as an objection to the dismissal. This allows the lien claimant an opportunity to argue why their lien should not be dismissed.

Lien claimantPetition for ReconsiderationNotice of Intention to DismissWCJWorkers' Compensation Appeals BoardDismissal of LienFailure to AppearLien ConferenceGood CauseMistake
References
Case No. ADJ9077157
Regular
Jan 24, 2017

JOHN BIRTWELL vs. OAKLAND ATHLETICS, ACE, USA administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Mesa Medical Group's lien. The dismissal occurred because no objection was received to a Notice of Intention (NIT) for failure to appear at a lien conference. Although the objection was filed by CA Med Management, which had not formally filed a notice of representation, the WCAB found that due process requires a hearing on the merits of the lien claim. The case is returned to the trial level to determine if Mesa Medical Group has sufficient grounds for relief from its non-appearance.

Petition for ReconsiderationOrder Dismissing LienNotice of Intention (NIT)Lien ConferenceDeclaration of Readiness to Proceed (DOR)Objection to Notice of IntentionCA Med ManagementNotice of RepresentationLabor Code section 4903.6(b)WCAB Rule 10774.5
References
Case No. ADJ8953669
Regular
Jun 01, 2019

MAI DANG vs. APPLIED MEDICAL RESOURCES CORPORATION, administered by ESIS WEST

The Appeals Board granted reconsideration and admitted the deposition transcript of Dr. Ray L. Craemer as Applicant's Exhibit 12, finding no prejudice to the defendant. The Board affirmed the WCJ's decision regarding the merits of the case. Additionally, the Board ordered the defendant to reimburse the Employment Development Department (EDD) for specific periods and amounts, clarifying an omission in the original award. The defendant's petition for reconsideration was otherwise denied, and claims of serious and willful misconduct were dismissed.

Workers' Compensation Appeals BoardReconsiderationDeposition TranscriptExhibit AdmissionPrejudiceSurpriseInconvenienceFindings of FactReimbursementEmployment Development Department
References
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