SPRING INDUSTRIES and ZURICH NORTH AMERICA INSURANCE COMPANY, ANGELA CUADRAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELA CUADRAS, Applicant,vs.SPRING INDUSTRIES and ZURICH NORTH AMERICA INSURANCE COMPANY, Defendants.Case No. ADJ1589483 (LAO 0854740)OPINION AND DECISION AFTER RECONSIDERATION On June 4, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to obtain and review proof of service of the November 19, 2007 Order disallowing the lien of Sidhu Chiropractic (lien claimant). As was stated in our Opinion and Order Granting Petition for Reconsideration, we felt this action was necessary to enable us to consider and take appropriate action in view of lien claimant’s contention that it was not served with a copy of the November 19, 2007 Order disallowing its lien claim. We have now had an opportunity to review the proof of service that of Order. This is our decision after reconsideration. Based upon our review of the record in this case, the Report and Recommendation of the workers’ compensation administrative law judge (WCJ), and the proof of service filed by defendant, it appears the petition is untimely and must be dismissed. In reaching this conclusion, we make the following observations. First, the Division of Workers’ Compensation’s (DWC) online database reveals that lien claimant filed its lien claim in this case on January 22, 2007, and was added to the official case address record as of that date. A hard copy of the lien claim is contained in the official case file. Lien claimant’s mailing address as reflected on the lien and in the DWC online database is P.O. Box 8518, San Bernardino, CA. Second, on August 2, 2007 lien claimant was served with notice of a lien conference to be held on September 5, 2007, regarding all outstanding liens in the case. The minutes of hearing of the , September 5, 2007 lien conference reflect that lien claimant did not appear and a WCJ issued
Angela Cuadras, vs. Spring Industries And Zurich North America Insurance Company,
In this case, the Workers' Compensation Appeals Board granted reconsideration to obtain and review proof of service of the November 19, 2007 Order disallowing the lien of Sidhu Chiropractic. After reviewing the proof of service, the Board concluded that the petition was untimely and dismissed it. The Board noted that the time limit for filing a petition for reconsideration is jurisdictional and that the proof of service of the November 19, 2007 Order confirmed service by United States mail by defendant upon lien claimant on November 29, 2007. The petition for reconsideration was filed on April 8, 2009, approximately 15 months after service of the November 19, 2007 Order.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1589483
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