Gumersindo Deleon, vs. Esparza Enterprises, Inc., Permissibly Self-insured, Administered By Acclamation Insurance Management Services,

In this case, Esparza Enterprises, Inc., permissibly self-insured, administered by Acclamation Insurance Management Services, was being sued by Gumersindo Deleon. The Workers' Compensation Appeals Board granted lien claimant Nikita Andalib, D.C.'s Petition for Reconsideration of the Order Dismissing Lien Claim For Failure To Pay Lien Activation Fee. The Board allowed the lien claimant 15 days to remit the lien activation fee and, upon receipt of payment, rescinded the WCJ's December 3, 2015 Order dismissing the lien claim and returned the matter to the trial level for further proceedings on the lien claim.

Esparza Enterprises, Inc., permissibly self-insured, administered by Acclamation Insurance Management Services, Gumersindo Deleon, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUMERSINDO DELEON,Applicant,vs.ESPARZA ENTERPRISES, INC., permissibly self-insured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES,Defendants.Case No. ADJ6981750(Marina Del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted lien claimant, Nikita Andalib, D.C.,’s Petition for Reconsideration of the Order Dismissing Lien Claim For Failure To Pay Lien Activation Fee (Order) issued on December 3, 2015, by the workers’ compensation administrative law judge (WCJ) in order to further study the factual and legal issues. This is our Opinion and Decision After Reconsideration            The WCJ dismissed the lien claim of Dr. Andalib for failure to pay the $100.00 lien activation fee described in Labor Code section 4903.06 by the time of the lien conference on that date.            On May 17, 2016, we received a request by defendant to consider supplemental briefing, which we grant. (Cal. Code Regs., tit. 8, § 10848.)            On January 13, 2017, we issued a Notice of lntention to Rescind Order Dismissing Lien Claim If Lien Activation Fee Is Timely Received (Notice of Intention), wherein we allowed lien claimant 15 days to remit the lien activation fee to the Workers’ Compensation Appeals Board. Thereafter, we timely received payment of the lien activation fee.            Accordingly, for the reasons stated in our January 13, 2017 Notice of Intention, which we adopt and incorporate herein, as our Decision After Reconsideration we rescind the WCJ’s December 3, 2015 Order dismissing the lien claim and return this matter to the trial level for further proceedings on the lien claim./// ,             For the foregoing reasons,            IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that th

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

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

Copyright © 2023 - CompFox Inc.