GOLDEN HARVEST ENTERPRISES; ZENITH INSURANCE COMPANY GOMERCINDO RODRIGUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGOMERCINDO RODRIGUEZ, Applicant,vs.GOLDEN HARVEST ENTERPRISES; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ7210934(Stockton District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant New Age Imaging seeks reconsideration of the July 11, 2012 Order Dismissing Liens (Order), wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s claim. On May 15, 2012, the WCJ issued a Notice of Intention to Dismiss Liens on the ground that lien claimant did not appear at the lien conference of the same date. Lien claimant filed an Objection to Notice of Intention to Dismiss Lien (Objection) dated May 23, 2012, and in the July 11, 2012 Order, the WCJ found that the Objection failed to set forth good cause for lien claimant’s non-appearance at the May 15, 2012 lien conference. In a Compromise and Release approved on November 8, 2011, the parties settled applicant’s claim that while employed as a field worker on November 28, 2009, he sustained industrial injury to his back and wrist. Lien claimant contends that the WCJ erred in dismissing its lien claim. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that the Petition be denied. For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny lien claimant’s Petition for Reconsideration. We note that lien claimant relies on WCAB Rules 10240 and 10241 in its Petition. (Cal. Code Regs., tit. 8, §§ 10240, 10241.) These Rules are irrelevant here, because they apply to lien claimants , before they are parties. Here, the injured worker has resolv
GOMERCINDO RODRIGUEZ vs. GOLDEN HARVEST ENTERPRISES; ZENITH INSURANCE COMPANY
In this case, the Workers' Compensation Appeals Board denied the Petition for Reconsideration of the July 11, 2012 Order Dismissing Liens filed by lien claimant New Age Imaging. The WCJ had dismissed the lien claim because the lien claimant failed to appear at the lien conference of May 15, 2012. The WCAB found that the lien claimant had failed to adhere to WCAB Rules and had wasted the court's time, the time of the other parties, and the time of the Appeals Board with the Petition for Reconsideration. The WCAB denied the Petition for Reconsideration.
- Filed On:
- Court: California, Stockton
- Case No. ADJ7210934
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