Los Angeles Dodgers; Ace Insurance Company Carmen Carrasco WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMEN CARRASCO, Applicant,vs. LOS ANGELES DODGERS; ACEINSURANCE COMPANY, Defendants.METROPOLITAN HEALTH MEDICAL GROUP, KOHANIM CHIROPRACTIC and MARINA KUZNETSOVA, Lien Claimants.Case Nos. ADJ7207713; ADJ7564833ADJ7225655(Marina del Rey District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants, Metropolitan Health Medical Group, Kohanim Chiropractic and Marina Kuznetsova, seek reconsideration, in one petition, of the Orders Dismissing Liens, issued November 14, 2012, wherein the workers’ compensation administrative law judge (WCJ) dismissed petitioners’ liens for failure to appear at the lien conference on August 15, 2012. The Orders Dismissing Liens followed previous Notices of Intent to Dismiss Lien Claims advising petitioners that they must file any objections to dismissal setting forth good cause for the failure to appear at the lien conference. Petitioners failed to object to the Notices of Intent to Dismiss Lien Claims. In the Report and Recommendation on Petition for Reconsideration (Report) set forth the reasons for dismissing petitioners’ liens including the factual background regarding petitioners’ notice of hearing and their opportunity to be heard on the merits of their claims. However, the WCJ noted that the Proof of Service accompanying the Notice of Lien Conference did not include Metropolitan Health Medical Group. Consequently, the WCJ recommended that the Order of Dismissal of Metropolitan Health Medical Group should be rescinded and the file should be returned to the trial level for further proceedings regarding the lien of Metropolitan Health , Medical Group. Lien claimants contend that their failure to appear at the lien conference was a result of excusable neglect and that defendant failed to attempt settlement prior to the conference or to s
Carmen Carrasco vs. Los Angeles Dodgers; Ace Insurance Company
This case involves a dispute between Carmen Carrasco, the applicant, and the Los Angeles Dodgers and Ace Insurance Company, the defendants, and Metropolitan Health Medical Group, Kohanim Chiropractic and Marina Kuznetsova, the lien claimants. The lien claimants sought reconsideration of the Orders Dismissing Liens, issued November 14, 2012, wherein the workers' compensation administrative law judge (WCJ) dismissed petitioners' liens for failure to appear at the lien conference on August 15, 2012. The WCJ recommended that the Order of Dismissal of Metropolitan Health Medical Group should be rescinded and the file should be returned to the trial level for further proceedings regarding the lien of Metropolitan Health Medical
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ7207713
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