PASADENA UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered by CORVEL CORPORATION GERARDO LINARES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERARDO LINARES, Applicant,vs.PASADENA UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered byCORVEL CORPORATION, Defendants.Case No. ADJ6918227(Marina Del Rey District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND ORDER OF REMOVALON BOARD MOTION WITH NOTICE OF INTENTION TO ISSUE SANCTIONS(LABOR CODE § 5813) Lien claimant, New Age Imaging, seeks reconsideration of the Notice of Intention to Dismiss Lien, issued November 30, 2011, wherein the workers’ compensation administrative law judge (WCJ) noted petitioner’s failure to appear for a lien trial and issued the Notice of Intention to Dismiss Lien as a result of petitioner’s failure to appear. No order dismissing lien has been issued. In a brief letter designated as the “Petition for Reconsideration”, lien claimant’s sole contention consists of the following: “[A]fter reviewing the reasons who [sic] our lien representative failed to appear discover [sic] a conflict on his calendar was the main reason why he did not sign in on this matter, he was present at the board that day and at that time, but again it was merely a mistake on our end.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that, rather than object to the Notice of Intention to Dismiss Lien, lien claimant filed a Petition for Reconsideration and that lien claimant has never objected or responded to the Notice of Intention to Dismiss Lien. Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claimant’s Petition for Reconsideration because there is no final order which is subject to , reconsideration. Petitioner’s lien claim has not been dismissed. However, this petition is also dismissed because it is impermissibly skeletal in
GERARDO LINARES vs. PASADENA UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By CORVEL CORPORATION
This case involves a lien claimant, New Age Imaging, who failed to appear for a lien trial and was issued a Notice of Intention to Dismiss Lien as a result. The lien claimant then filed a Petition for Reconsideration, which was dismissed because it was unverified and impermissibly skeletal. The Workers' Compensation Appeals Board then gave notice of their intention to impose sanctions against the lien claimant's representative, Bernice Rodriguez and New Age Imaging, jointly and severally, in the total amount of $500.00, unless within 15 days, plus an additional 5 days for mailing, they file a response setting forth good cause as to why the sanction should not be imposed.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ6918227
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