Gabriela Guzman vs. Sigue Corporation; Crum And Forster

In this case, Gabriela Guzman, an applicant, was injured while employed as a manager by Sigue Corporation. The lien claimant, Industrial Treatment and Rehabilitation Center, filed a lien for $1,759.33 for the expense of medical treatment rendered to the applicant. The defendant agreed to pay, adjust or litigate all liens of record and a lien conference was set for February 14, 2013. The lien claimant did not appear at the lien conference and the Workers' Compensation Appeals Board issued an Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee. The lien claimant then filed a petition for reconsideration, which was denied as the lien claimant failed to provide

Sigue Corporation; Crum And Forster Gabriela Guzman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIELA GUZMAN, Applicant,vs.SIGUE CORPORATION; CRUMAND FORSTER, Defendants.Case No. ADJ6697121 (Los Angeles District Office)OPINION AND ORDER DENYING RECONSIDERATION            Lien claimant, Industrial Treatment and Rehabilitation Center, filed a petition for reconsideration on March 14, 2013, from an Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee, issued by a workers’ compensation administrative law judge (WCJ) on February 22, 2013. The order gave lien claimant a ten day notice that its lien would be dismissed with prejudice unless it provided proof that the activation fee was paid prior to the lien conference on February 14, 2013.            Lien claimant asserts that it was not present at the lien conference on February 14, 2013, and did not pay a lien activation fee, because it was not provided proper notice of the lien conference. Lien claimant further states, however, that if it was provided proper notice of the lien conference, then its failure to appear was the result of a clerical error and it now seeks relief from its “mistake, inadvertence, surprise or excusable neglect.”            For the reasons set forth below, we shall affirm the WCJ’s dismissal order and will deny lien claimant’s petition for reconsideration.I.            Lien claimant, through its hearing representative National Provider Solutions, filed a lien on June 18, 2011, for $1,759.33, for the expense of medical treatment rendered to applicant, Gabriela Guzman, for her November 15, 2006 industrial injury to her hands and wrists while employed as a manager by Sigue Corporation ,             Applicant settled her claim by Stipulations with Request for Award. An award of 19% permanent disability was issued on July 26, 2012. Defendant agreed to pay, adjust or litigate all liens of record. Defendant filed a Declaration of Readiness to Proceed for a lien conference,

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.