Ana Escobar vs. Sew Good Jeans; Illinois Midwest Insurance Agency; Star Insurance Company

This case involves a dispute between Ana Escobar, Sew Good Jeans, Illinois Midwest Insurance Agency, and Star Insurance Company. The Workers' Compensation Appeals Board denied the petitions for reconsideration filed by Radstar, Dr. Abel Quesada, and Lighthouse Medical Management, based on their review of the record. The Orders Dismissing their liens were not clear that the lien claimants were personally served at the lien conference, so the petitions were treated as timely-filed but denied on the merits. The Orders Dismissing Lien Claim For Failure to Pay Lien Activation Fee were deemed "final" orders for purposes of WCAB Rule 10500(b).

Sew Good Jeans; Illinois Midwest Insurance Agency; Star Insurance Company Ana Escobar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANA ESCOBAR, Applicant,vs.SEW GOOD JEANS; ILLINOIS MIDWEST INSURANCEAGENCY; STAR INSURANCE COMPANY, Defendants.Case No. ADJ8288773 (Los Angeles District Office)ORDER DENYING PETITIONS FOR RECONSIDERATION            We have considered the allegations of each of the three Petitions for Reconsideration filed on behalf of Radstar, Dr. Abel Quesada, and Lighthouse Medical Management, and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny each petition for reconsideration.            Contrary to the WCJ’s suggestion, however, we will not dismiss the petitions of Dr. Quesada and Lighthouse Medical Group as untimely. The Orders Dismissing their liens are not clear, on their face, that these lien claimants were personally served at the lien conference. Thus, lien claimants may have had more than 20 days to file a timely petition for reconsideration. In short, though we treat their petitions as timely-filed, we deny them on the merits.            Finally, we note that Orders Dismissing Lien Claim For Failure to Pay Lien Activation Fee are “final” orders for purposes of WCAB Rule 10500(b). This provision states that the WCAB “shall serve all parties and lien claimants of record notice of any final order, decision, or award issued by it on a disputed issue after submission. The [WCAB] shall not designate a party or lien claimant, or their attorney or agent of record, to serve any final order, decision, or award relating to a submitted disputed issue.” ,             For the foregoing reasons,            IT IS ORDERED that that Petitions for Reconsideration filed by Radstar, Dr. Abel Quesada, and Lighthouse Medical Management are DENIED.WORKERS’ COMPENSATION APP

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