Home/Case Law/CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES
Regular DecisionRemoval

CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES

Filed: Apr 13, 2017
Van Nuys
ADJ7921523

CompFox AI Summary

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

Full Decision Text1 Pages

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

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