County Of Riverside, Permissibly Self-Insured Diane Hagar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE HAGAR, Applicant,vs.COUNTY OF RIVERSIDE, Permissibly Self-Insured, Defendant.Case Nos. ADJ1138942 (RIV 0056622)ADJ3372579 (RIV 0056274)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL ON BOARD’S OWN MOTION AND DECISION AFTER REMOVAL Lien claimant James Lineback, M.D., through his hearing representative PLC & Associates (PLC), has objected to an Order for Sanctions Under Labor Code section 5813 issued by a workers’ compensation administrative law judge (WCJ) on May 31, 2011. Defendant’s counsel was designated to serve the Order, but did not serve the Order until July 14, 2011. The order states: “IT IS HEREBY ORDERED that sanctions for reasonable attorney’s fees be imposed on PLC & Associates and their client James F. Lineback and awarded to petitioner, County of Riverside, in the amount of $742.50 unless written objection [setting] forth good cause is filed within 20 days.” Although the objection comes to us as a petition for reconsideration, it is unclear to us whether the objection is a petition for reconsideration at all. It appears that the lien claimant’s filing was intended as “written objection setting forth good cause” to the WCJ’s Order. Since the defendant delayed service of the Order/NOI, the lien claimant’s objection was filed within 20 days of service of the Order/NOL. Nevertheless, because the objection was processed as a petition for reconsideration by the WCAB district office, we will treat it as a petition for reconsideration. We will dismiss the petition for reconsideration as a non-final order not subject for reconsideration, because the lien claimant did file a written objection within 20 days of the issuance of the Order/NIT. However, as explained below, we will grant removal , our own motion pursuant to Labor Code section 5310, rescind the WCJ’s Order/NIT as well as an earlier
Menu
