Gloria Jones vs. Sears: Workers' Comp Case with Sedgwick Management

In this case, the Workers' Compensation Appeals Board granted a Petition for Reconsideration from lien claimant Nogales Psychological Counseling, which sought reconsideration of the September 26, 2012 Notice of Intent to Dismiss Lien/Lien Balances Pursuant to Rule 10562. The Board ultimately dismissed the Petition for Reconsideration and granted removal on its own motion, issuing a notice of intention to order sanctions of up to $500.00 against Nogales Psychological Counseling and its attorney, Moshe K. Selikovitz, jointly and severally, pursuant to Labor Code section 58131 and WCAB Rule 10561.

Sears Holding Corporation, permissibly self-insured, administered by Sedgwick Claims Management Services, Inc. Gloria Jones WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLORIA JONES, Applicant,vs.SEARS HOLDING CORPORATION, permissibly self-insured, administered bySEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants.Case No. ADJ1305490 (MON 0363100)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION, ORDER GRANTING REMOVAL ON APPEALS BOARD’S MOTION, AND NOTICE OF INTENTION TO IMPOSE SANCTIONS             We previously granted lien claimant Nogales Psychological Counseling’s Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. Lien claimant Nogales Psychological Counseling sought reconsideration of the September 26, 2012 Notice of Intent to Dismiss Lien/Lien Balances Pursuant to Rule 10562 (Notice of Intent), wherein the workers’ compensation administrative law judge (WCJ) issued the Notice of Intent to dismiss lien claimant’s lien for failure to appear at the September 26, 2012 lien trial. Through a Compromise and Release approved on March 16, 2011, the parties had resolved applicant’s claim that, while employed as a salesperson/stocker on June 8, 2008, she sustained industrial injury to her neck, back, chest, nervous system, and psyche.            Lien claimant requests that its lien be reinstated, arguing that it did not appear at the September 26, 2012 trial because it did not have prior notice that the September 26, 2012 trial was scheduled to occur.            We have considered the Petition for Reconsideration (Petition) and defendant’s “Rebuttal Answer to (DWC/WCAB Form 45) Petition for Reconsideration of Nogales Psychological Counseling” (Answer), and we have reviewed the record in this matter. The WCJ prepared a Judge’s Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. ,             For the reasons expressed by the

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