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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. 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. ADJ7993724
Regular
Sep 23, 2013

MIGUEL YAGUAS vs. INLAND LANDSCAPE MAINTENANCE, INC.; FIRSTCOMP INSURANCE AGENCY for ENDURANCE INSURANCE

In this workers' compensation case, the defendant, Inland Landscape Maintenance, Inc., sought to remove the assigned administrative law judge (ALJ). The defendant argued that the ALJ's refusal to dismiss seven liens due to non-payment of a $150 filing fee prejudiced their case. However, the Workers' Compensation Appeals Board (WCAB) denied the petition for removal. The WCAB found the petition failed to meet the legal requirements for disqualification and adopted the ALJ's report. The ALJ concluded that dismissing "invalid" liens, as defined by statute for failure to pay the fee, was unnecessary as they could be refiled correctly.

Petition for RemovalWCABdisqualificationCalifornia Code of RegulationsLabor Code Section 4903.05(c)lien filing feeinvalid lienEAMSlien conferenceAdministrative Law Judge
References
Case No. ADJ7476466
Regular
Jul 17, 2013

JESUS AGUILAR vs. ROSABLA A. SAWERS, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP., AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Greenway Clinic's Petition for Reconsideration, upholding the dismissal of its lien. Greenway argued that electronic system malfunctions prevented timely payment of a lien activation fee required under Labor Code section 4903.06. However, the Board found this section inapplicable to liens filed after January 1, 2013, which are subject to a filing fee under section 4903.05. Because Greenway's lien was filed in 2013 without the required filing fee, it was deemed invalid and dismissed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationLien activation feeElectronic Adjudication Management SystemLabor Code section 4903.06Declaration of Readiness to ProceedCompromise and ReleaseLien filing feeInvalid lien
References
Case No. ADJ7839029; ADJ7841350
Regular
Jun 25, 2014

Fernando Murillo vs. Yonique Café, Inc., Zenith Insurance Company

This case involves a lien claimant, Ameri Chiropractic Group (LC), seeking disqualification of a Workers' Compensation Judge (WCJ). LC alleged bias based on a WCJ order requiring a doctor's personal appearance at trial regarding treatment and the lien's validity. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. WCAB Rule 10452 dictates a strict 10-day filing period after notice of hearing for such petitions. LC's petition was filed three months after being served with the order, rendering it untimely regardless of when new counsel was retained.

Petition for DisqualificationUntimely FilingWCJ BiasLien ClaimantAmeri Chiropractic GroupWCAB Rule 10452Order for AppearanceDismissal of LienPinnacle Lien ServicesAdministrative Law Judge
References
Case No. ADJ7680626
Regular
Dec 23, 2013

MARGARITA SALMERON vs. SHELTER FROM THE STORM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The petition was filed 37 days after the WCJ's Order dismissing the lien for failure to pay the activation fee, exceeding the 25-day jurisdictional deadline. Despite the WCJ's recommendation to grant reconsideration based on timely payment of the fee, the Board lacked jurisdiction due to the untimely filing. Therefore, the underlying order dismissing the lien stands.

Lien activation feePetition for reconsiderationUntimely filingLabor Code section 4903.06WCJ orderDismissalJurisdictionOfficial Address RecordService by mailAppeals Board
References
Case No. ADJ272980 (VNO 0474292), ADJ273175 (VNO 0474293), ADJ2241790 (VNO 0474295)
Regular
May 22, 2014

LUIS CASTANEDA vs. VALLEY TODECO, ESIS WEST WC CLAIMS, CHARTIS INSURANCE

The Appeals Board granted removal to rescind the WCJ's order vacating the dismissal of Coast Plaza Doctors Hospital's lien, as Coast's petition for reconsideration was untimely. The Board affirmed the dismissal of Coast's lien, even though the stated reason (failure to pay activation fee) was technically erroneous for a post-2013 lien. Finally, the Board affirmed the denial of the defendant's request to keep discovery closed regarding Beverly Hills Pharmacy's lien, and returned the case for further proceedings on that lien.

Petition for RemovalOrder Vacating DismissalPetition for ReconsiderationUntimely FilingLien Activation FeeLabor Code Section 4903.06WCAB Rule 10859Void Ab InitioOrder Dismissing Lien ClaimAffirmation
References
Case No. ADJ7609189
Regular
Feb 09, 2016

ANNE MACCULLOCH vs. NORRIS SCHOOL DISTRICT, SELF INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) dismissed Anne MacCulloch's petition for reconsideration as untimely. The petition was filed over 25 days after the Workers' Compensation Judge's decision, exceeding the jurisdictional time limit for filing. The WCAB clarified that a petition must be *received* by the board within the statutory period, not merely mailed. Had the petition been timely, it would have been denied on the merits, and the lien claimant's lien was also subject to dismissal for failing to appear at trial.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCAB RuleWCJ DecisionLien ClaimantLien Trial DismissalLabor CodeCalifornia Code of RegulationsAppeals Board
References
Case No. ADJ8438087
Regular
Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed
References
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
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