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Alba Cortez vs. Facilities Support Services, Inc.; Compwest Insurance Co.,

Facilities Support Services, Inc.; Compwest Insurance Co., Alba Cortez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALBA CORTEZ, Applicant,vs.FACILITIES SUPPORT SERVICES, INC.;COMPWEST INSURANCE CO., Defendants.Case No. ADJ3871531 (MON 0360998)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER IMPOSING SANCTION            We previously granted reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Lien claimant Wilshire Union Chiro Medical Group sought reconsideration of the Order Dismissing Lien Claims dated January 4, 2013, in which its lien was dismissed by the workers’ compensation administrative law judge (WCJ) for failure to appear at an October 24, 2012 lien conference.            We granted reconsideration on April 12, 2013 in order to give notice of our intention to issue a sanction of up to $500.00 against lien claimant and its representative, Raul Mejia, jointly and severally. As we explained in our decision, after lien claimant filed multiple Declarations of Readiness to Proceed (DORs) and then failed to appear at a scheduled lien conference, the WCJ issued a Notice of Intent to Dismiss. Lien claimant’s representative, Maribel Rivera, objected to the Notice on the grounds that lien claimant had inadvertently mis-calendared the conference. The WCJ then dismissed the lien. Mr. Mejia, another representative of lien claimant, then filed a petition for reconsideration stating that a third representative, Kamal Moin, had planned to attend the conference but was absent for medical reasons.            Lien claimant and Mr. Mejia filed a timely Objection to Notice of Intention to Issue Sanction (Objection). Lien claimant contends that Mr. Moin was too ill to attend the October 24, 2012 lien , conference. Lien claimant also apologizes for its errors, which it argues were not bad-faith actions or tactics that were frivolous or solel


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