Save Mart Supermarkets, Permissibly Self-Insured; Administered By Pegasus Risk Management Jesse Gimeno WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSE GIMENO, Applicant,vs.SAVE MART SUPERMARKETS, permissibly self-insured; administered by PEGASUS RISK MANAGEMENT, Defendants.Case No. ADJ3789891 (STK0214135)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Dawdy Chiropractic (lien claimant) seeks reconsideration of the Notice of Intention toDismiss Lien (NOT) issued by a workers’ compensation administrative law judge (WCJ) onSeptember 7, 2010. The NOI noted that lien claimant failed to appear at the mandator}’ settlementconference on September 7. 2010. and gave notice of the WCJ’s intention to dismiss his lien claimabsent a written, good cause showing filed and served within 10 days of the date of service of dieNOI. Lien claimant contends that he did not receive the NOI. Additionally, lien claimant advises that his own health problems have made it more difficult for him “to follow up and get information to and from staff…” We have considered the allegations of the petition for reconsideration and the contents of the repon and recommendation on petition for reconsideration (Repon) of the WCJ. We have not received an answer from defendant.` Based upon our review of the record and for the reasons stated by the WCJ in his Report, which we adopt and incorporate as if fully set forth herein, we will dismiss lien claimant’s petition for reconsideration. For the foregoing reasons. , IT IS ORDERED that lien claimant’s petition for reconsideration of the September 7, 2010, Notice of Intention to Dismiss is hereby DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,________________________________________NEIL P. SULLIVAN________________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO. CALIFORNIADEC 01 2010SERVICE MADE ON T
Jesse Gimeno vs. Save Mart Supermarkets: Self-Insurance Case Explained
In this case, Jesse Gimeno, the applicant, is appealing a Notice of Intention to Dismiss Lien issued by a workers’ compensation administrative law judge. The lien claimant, Dawdy Chiropractic, Inc., failed to appear at the mandatory settlement conference and was given 10 days to provide a written, good cause showing. The lien claimant contends that they did not receive the NOI and that their own health problems have made it difficult to follow up. The Workers' Compensation Appeals Board reviewed the record and dismissed the petition for reconsideration.
- Filed On:
- Court: California, Stockton
- Case No. ADJ3789891
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