Intercontinental Art Inc.; Pacific Compensation Insurance F Eduviges Acosta WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDUVIGES ACOSTA, Applicant,vs.INTERCONTINENTAL ART INC.; PACIFIC COMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ3856500 (LAO 0870831) OPINION AND ORDER DENYING PETION FOR RECONSIDERATION Lien claimants Advanced Medical Supplies and Zee Medical Management, through their representative Sun Life Funding Corporation (Sun Life), seek reconsideration of the separate July 1,2011 Orders Dismissing Liens, wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimants’ respective liens. Lien claimants contend the WCJ erred in dismissing their liens, arguing that they never received notice that the cancelled December 29, 2010 lien trial was rescheduled for March 21, 2011. We have considered the Petition for Reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer. For the reasons discussed below, we will deny lien claimants’ Petition for Reconsideration. Advanced Medical Supplies filed a lien on November 17, 2009. Zee Medical Management filed a lien on October 15, 2009. Neither has changed its address since the filing of the liens. Lien trial was held on March 21, 2011. Lien claimants did not appear. The WCJ issued notices of intention to dismiss the liens, unless good cause to the contrary was shown in writing within 20 days of the March 21, 2011 notices. Neither lien claimant filed an objection. On July 1, 2011, the WCJ dismissed the liens in separate orders. Lien claimants filed a joint petition for reconsideration. , Lien claimants argue on reconsideration that they did not receive notice that the lien trial originally scheduled for December 29, 2010, had been rescheduled for March 21, 2011. They attach the affidavit of Stacy Mintz of Sun Life
Eduviges Acosta vs. Intercontinental Art Inc.; Pacific Compensation Insurance F
This case involves lien claimants Advanced Medical Supplies and Zee Medical Management, represented by Sun Life Funding Corporation, who are seeking reconsideration of the separate July 1, 2011 Orders Dismissing Liens issued by the workers' compensation administrative law judge. The lien claimants argue that they never received notice that the cancelled December 29, 2010 lien trial was rescheduled for March 21, 2011. The Petition for Reconsideration was denied as the lien claimants failed to provide evidence that they did not receive notice of the rescheduled hearing and failed to provide any authority that entitles them to a phone call when they fail to appear at trial.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3856500
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.