American Apparel, administered by Athens Administrators Ana Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANA RODRIGUEZ, Applicant,vs.AMERICAN APPAREL, administered byATHENS ADMINISTRATORS, Defendants.Case No. ADJ7693391(Long Beach District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration 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 the WCJ’s report, which we adopt and incorporate, we will deny reconsideration. Hearing representative Louis Heard, on behalf of petitioner Innovative Medical Management, continues to broadcast his problematic and ultimately sanctionable actions before this Board. Despite several prior warnings, Heard fails to identify himself as a hearing representative and his Petition for Reconsideration includes single spacing in violation of Court Administrator Rule 10232(a)(11). (Cal. Code Regs., tit. 8, §§ 10232, 10845.) More important, his allegation of “technical difficulties” in paying the lien activation fee, without reference to any specifics or evidence to support the allegation, is the same thing as outright misrepresentation. It will be considered an invitation to impose sanctions whenever it is raised. At the same time, we also admonish defendant for attaching to its answer documents that are already lodged in EAMS. (Cal. Code Regs., tit. 8, § 10842.)/ / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________FRANK M. BRASSI CONCUR,_________________________________________ RONNIE G. CAPLANE_________________________________________ MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 13 2013SERVICE MADE ON THE ABOVE DATE ON
Ana Rodriguez vs. American Apparel, Administered By Athens Administrators
is a case involving American Apparel, administered by Athens Administrators, and Ana Rodriguez, the applicant. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, citing the report of the workers' compensation administrative law judge. The judge found that the petitioner, Louis Heard on behalf of Innovative Medical Management, failed to identify himself as a hearing representative and his Petition for Reconsideration included single spacing in violation of Court Administrator Rule 10232(a)(11). The judge also found that the allegation of "technical difficulties" in paying the lien activation fee was the same thing as outright misrepresentation. The Board also admonished the defendant for attaching to its answer documents that were already lodged in EAMS. The Petition for Rec
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7693391
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