PHILIPPS SERVICES CORPORATION; CIGA, by its servicing facility, SEDGWICK CMS, for RELIANCE INSURANCE COMPANY, in liquidation ANGEL AVILA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGEL AVILA, Applicant,vs.PHILIPPS SERVICES CORPORATION; CIGA, by its servicing facility, SEDGWICK CMS, for RELIANCE INSURANCE COMPANY, in liquidation, Defendants.Case Nos. ADJ3034844 (LBO 0392601) ADJ4614655 (LBO 0396565)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO DISMISS LIENS Metrics Medical Group, Michael Rudolph, Aim Radiology, and Quanta Medical Group (lien claimants) seek reconsideration of the July 22, 2014 Orders Dismissing Lien Claims. Lien cJaimants contend, in essence, that the workers’ compensation administrative Jaw judge (WCJ) erred in dismissing its liens, arguing that they had not abandoned their Jiens and that the WCJ should have continued the lien conference to allow lien claimants to identify witnesses. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be dismissed as untimely, or, in the alternative, denied. For the reasons discussed below, we will grant reconsideration and issue a Notice of Intention to affirm the WCJ’s Orders unless lien claimants demonstrate good cause why the Orders should not be affirmed. We will also. order defendant to file a pleading responding to any pleading filed by lien claimants. In his Report, the WCJ summarized the factual and procedural background of the case as follows: “Angel Avila_________while employed on 10/10/98 (ADJ3034844) and durjng the period 9/17/96-7-18/06 (ADJ4614655) at Inglewood, California, by Phillips Services Corporation, insured by Reliance Insurance Company, in liquidation, by CIGA, through its servicing facility, Sedgwick CMS, sustained i
ANGEL AVILA vs. PHILIPPS SERVICES CORPORATION; CIGA, By Its Servicing Facility, SEDGWICK CMS, For RELIANCE INSURANCE COMPANY, In Liquidation
In this case, Angel Avila filed a workers' compensation claim for injuries sustained while employed by Phillips Services Corporation, insured by Reliance Insurance Company, in liquidation, by CIGA, through its servicing facility, Sedgwick CMS. Several medical facilities filed liens for goods/services allegedly provided to Avila. The Workers' Compensation Appeals Board granted reconsideration of the July 22, 2014 Orders Dismissing Lien Claims and issued a Notice of Intention to affirm the WCJ's Orders unless lien claimants demonstrate good cause why the Orders should not be affirmed. The Board also ordered defendant to file a pleading responding to any pleading filed by lien claimants.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ3034844
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