Daniel Diaz Negron vs. Clear Water Handwash Dba Marina Classic Car Wash; State Farm

In this case, the lien claimant, Best of California Business Promotions, failed to appear at the lien trial on January 16, 2013 and did not provide any good cause to explain their failure to appear. The Workers' Compensation Appeals Board will dismiss the lien claimant's petition and grant removal on their own motion, issuing a Notice of Intention to Impose Sanctions against Marti Oregel, Prime Med Resources Inc. and Best of California Business Promotions, jointly and severally, in the amount up to $1,000.00 for filing a Petition for Reconsideration and submitting argument regarding an assumed dismissal which, in fact, did not occur.

Clear Water Handwash dba Marina Classic Car Wash; State Farm Daniel Diaz Negron WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL DIAZ NEGRON, Applicant,vs.CLEAR WATER HANDWASH dba MARINACLASSIC CAR WASH; STATE FARM, Defendants.Case No. ADJ7469391 (Anaheim District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND ORDER OF REMOVAL ON BOARD MOTION WITH NOTICE OF INTENTIONTO ISSUE SANCTIONS (LABOR CODE $5813)            Lien claimant, Best of California Business Promotions, seeks reconsideration of the Notice of Intention to Dismiss Lien for Non-Appearance at Trial Pursuant to Title 8, California Code of Regulations Section 10562, issued January 16, 2013 wherein the workers’ compensation administrative law judge (WCJ) gave notice to petitioning lien claimant that its lien would be dismissed unless lien claimant could show good cause as to why it failed to appear for the lien trial. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that lien claimant failed to appear at the lien trial on January 16, 2013. At no time has there been an order issued dismissing petitioner’s lien claim either for failure to appear at the lien trial or for failure to pay the activation fee prior to the lien trial. The WCJ also pointed out that lien claimant still has not provided any good cause to explain their failure to appear at the lien trial which occurred on January 16, 2013.            In a petition signed by “Marti Oregel/Hearing Representative” and listing “Prime Med Resources Inc.” as the representative for Best of California Business Promotions, petitioner is “assuming the lien claims were dismissed pursuant to the recently enacted statute regarding the activation fee”. Acknowledging that no activation fee had been paid, petitioner contends that its lien should not have been dismissed, without specifically describing the supposed dismissal. Instead, petitioner continues for seven pages of the petition arguing tha

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