Innovative Facility Services; Gallagher Bassett Elk Grove Gabriela Medina WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIELA MEDINA, Applicant,vs.INNOVATIVE FACILITY SERVICES; GALLAGHER BASSETT ELK GROVE, Defendant(s).Case Nos. ADJ717785 (MON 0357270); ADJ2210479 (MON 0357271); ADJ4156131 (MON 0357272) ;ADJ2088727 (MON 0357273)OPINION AND ORDER DISMISSING LIEN CLAIMANTS PETITION FOR RECONSIDERATION Lien claimant, Arthur Malkin, D.C. (lien claimant), seeks “Re-reconsideration” of an order denying reconsideration issued by the Workers’ Compensation Appeals Board (Board) on July 14, 2010. By that order, we denied his petition of May 28. 2010 for reconsideration of an order dismissing his lien issued by the Workers’ Compensation Judge (WCJ). That denial was based on our review of the record and for the .reasons stated in the Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which we adopted and incorporated. Lien claimant now contends that he has newly discovered evidence which could not have been produced at trial, and that therefore, pursuant to Labor Code section 6617 (d), reconsideration is appropriate. 1 le alleges that this evidence goes to the issue of the WCJ’s denial of his lien based on the WCJ’s finding that applicant’s claims were filed after her termination and were therefore baned by Labor Code section 3600 a(10). We have not received answers to the instant petition from applicant Gabriela Medina or defendants. However, we note that defendants timely filed an answer on June 4. 2010 to lien claimant’s petition of May 28, 2010, which by an EAMS error w-as never brought to the attention of the WCJ or the Board until after the prior opinion of July 14, 2010 w-as issued and the instant petition was filed. In that answer, defendants objected to lien claimant’s petition of May 28. 2010 , and raised the issue of their previously filed petition for costs, sanctions and attorney’s fees aga
Gabriela Medina vs. Innovative Facility Services; Gallagher Bassett Elk Grove
In this case, Gabriela Medina, the applicant, filed a workers' compensation claim against Innovative Facility Services and Gallagher Bassett Elk Grove. Arthur Malkin, the lien claimant, sought reconsideration of an order denying his lien. The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration as it was not properly brought, was untimely, and was successive. The Board directed the Workers' Compensation Judge to review and take all appropriate action on the defendants' petition for costs, sanctions, and attorney's fees.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ717785
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