Blanca Gutierrez Suit Against Phillip & Inge Boskovich and State Farm

(MON 0359586) is a case involving Phillip & Inge Boskovich and State Farm Insurance Company and Blanca Gutierrez. Garo Tchakian, D.C., who claims to be a lien claimant in the case, filed a petition for removal requesting that the Appeals Board rescind the Order dated July 14, 2010. The WCJ determined that Dr. Tchakian had not filed a lien in the case and the Appeals Board lacked jurisdiction to make and enforce any orders including discovery. The petition for removal was dismissed.

Phillip & Inge Boskovich and State Farm Insurance Company Blanca Gutierrez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABLANCA GUTIERREZ, Applicant,vs.PHILLIP & INGE BOSKOVICH and STATE FARM INSURANCE COMPANY, Defendant(s).Case No. ADJ1067975 (MON 0359586)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL             Garó Tchakian, D.C., who contends that he is a lien claimant in this matter, has filed a timely, unverified petition for removal, requesting that the Appeals Board rescind the Order dated July 14, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered: “Lien claimant cannot prosecute their lien until such time as Dr. Tchakian’s deposition is completed.”            In his Report and Recommendation, the WCJ states that Dr. Tchakian has not filed a lien in this case. We have reviewed the legacy file and the documents filed in BAMS, and we also can find no evidence that Dr. Tchakian has filed a lien in this case. We concur with the WCJ that “Garo Tchakian. D.C., is not a party to this case and the appeals board lacks jurisdiction to make and enforce any orders including discovery.” For this reason, the Order dated July 14, 2010, is void ab initio. Therefore, we dismiss the petition for removal. , For the foregoing-reasons, ——————————————————IT IS ORDERED that the petition for removal filed by Garo Tchakian, D.C., is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________JAMES C. CUNEO________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO. CALIFORNIAAUG 31 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.STEVEN SOBOBLANCA GUTIERREZMARK WEINER & ASSOCIATESELLIOTT WACHTELMANNING & MARDERGOLDMAN, MA GDALIN & KRJKESMR/rrrn , STATE OF CALIFORNIADIVISION OF WORKERS’ COMPENSATIONCASE NUM

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