ELLA SAHAKIAN vs. WHITE MEMORIAL MEDICAL GROUP; STATE COMPENSATION INSURANCE FUND

This case is about lien claimant, Mehdi Habibi, M.D., who seeks reconsideration of the Order dated August 15, 2012 and served August 22, 2012 wherein the workers' compensation administrative law judge dismissed his lien with prejudice. The applicant's underlying claim of injury was settled by a September 28, 2011 Order Approving Compromise and Release for $190,000.00. The WCJ issued a Notice of Intention to Dismiss Liens for Failure to Appear (NIT) and the WCJ issued an Order of dismissal from which Dr. Habibi seeks reconsideration. The WCJ granted reconsideration, rescinded the decision, and returned the matter to the trial level for further proceedings.

WHITE MEMORIAL MEDICAL GROUP; STATE COMPENSATION INSURANCE FUND ELLA SAHAKIAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELLA SAHAKIAN, Applicant,vs.WHITE MEMORIAL MEDICAL GROUP; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ2204127 (VNO 0470606)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Lien claimant, Mehdi Habibi, M.D., seeks reconsideration of the Order dated August 15, 2012 and served August 22, 2012 wherein workers’ compensation administrative law judge (WCJ) dismissed his lien with prejudice. Applicant’s underlying claim of injury to multiple body parts while employed as a data entry clerk from October 29, 2001 to October 29, 2002 was previously settled by a September 28, 2011 Order Approving Compromise and Release (OACR) for $190,000.00. The Compromise and Release included an “Affidavit of Defendant Re: Resolution of Liens” listing Dr. Habibi’s lien of an unknown amount and noting that defendant had “[left a message] with receptionist to have someone return call regarding potential outstanding lien, as she advised they were all in a meeting.” Through a representative, Dr. Habibi made an appearance at a lien conference held on April 4, 2012 and the matter was ordered off calendar so that defendant could obtain a bill review. A different lien claimant filed a Declaration of Readiness to Proceed (DOR) on April 10, 2012 and a second lien conference was held on July 31, 2012. At that time, Dr. Habibi did not make an appearance. As a result, the WCJ issued a Notice of Intention to Dismiss Liens for Failure to Appear (NIT), dated July 31, 2012 and served August 1, 2012, stating that Dr. Habibi’s lien would be dismissed in ten (10) days unless good cause to the contrary was shown in writing. The Minutes of Hearing for the July 31, 2012 lien conference state that “all liens of record have been resolved based on information and belief.” On August 15, 2012, the WCJ issued the Order of dismissal from whic

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