WERNER ENTERPRISES; ST. PAUL TRAVELERS INSURANCE COMPANY, DENNIS HAWKINS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADENNIS HAWKINS, Applicant,vs.WERNER ENTERPRISES; TRAVELERS INSURANCE COMPANY, Defendant(s).Case No. ADJ2373766 (AHM 0114662)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING RECONSIDERATION ON BOARD MOTION AND DECISION AFTER RECONSIDERATION Lien claimant Southern California Reference Lab, through its representative Wilshir6 Lien Services (hereafter “petitioner” or “lien claimant”), seeks reconsideration of the “Notice of Intent to Disallow Lien Claimant [sic]” (Notice) issued by a workers’ compensation administrative law judge (WCJ) on October 14, 2008, wherein the WCJ allowed lien claimant 15 days from the date of service to file a written objection showing good cause as to why its lien should not be dismissed for its failure to appear at the October 14, 2008 lien conference. Defendant was directed to serve petitioner with the Notice. On November 5, 2008, the WCJ issued her “Order to Dismiss Lien Title 8 CCR § 10562” dismissing petitioner’s lien based on the previous Notice of her intention to dismiss the lien. Applicant’s underlying claim for his December 9, 2003 industrial injury to his neck, left shoulder, upper back, left hand, left wrist, right wrist, right shoulder, and psyche was resolved by way of Compromise and Release, which was approved on May 1, 2008. In its October 29, 2008 petition entitled “Objection to Notice of Intention to Disallow Lien and/or Petition for Reconsideration,” lien claimant contends that its failure to appear at the October 14, 2008 lien conference was due to unexpected vehicle problems. Lien claimant , objected to the October 14, 2008 Notice and requested that the WCJ vacate it. Lien claimant argues that it be allowed a fuill and fair hearing. No Answer was filed. Preliminarily, we note that the Appeals Board has 60 days from the filing of a petition fo
Dennis Hawkins, vs. Werner Enterprises; St. Paul Travelers Insurance Company,
In this case, Dennis Hawkins, the applicant, filed a lien against Werner Enterprises and St. Paul Travelers Insurance Company. The Workers' Compensation Appeals Board granted reconsideration on their own motion and amended the November 5, 2008 Order dismissing the lien to delete reference to the lien claimant, Southern California Reference Lab, but otherwise affirmed the Order. The matter was returned to the hearing level for further proceedings and a decision by the workers' compensation administrative law judge.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2373766
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