Vallarta Food Enterprises, Inc., permissibly self-insured, administered by Sedgwick Claims Management Services, Inc. Jessica Henriquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSICA HENRIQUEZ, Applicant,vs.VALLARTA FOOD ENTERPRISES, INC., permissiblyself-insured, administered by SEDGWICK CLAIMSMANAGEMENT SERVICES, INC., Defendants.Case No. ADJ7414147 (Long Beach District Office)OPINION AND ORDER DENYING RECONSIDERATION Lien claimant Industrial Healthcare, though its representative Innovative Medical Management, petitions for reconsideration of the Order Dismissing Lien Claim served on February 19, 2013, in which the workers’ compensation administrative law judge (WCJ) dismissed its lien for failure to pay the lien activation fee before the January 24, 2013 lien conference. Lien claimant contends, in essence, that it was not obligated to pay the lien activation fee because defendant had not served closing documents or medical records on lien claimant, making any adjudication of the lien premature. Lien claimant further contends that the dismissal violated its right to due process. We have considered the Petition for Reconsideration and the record in this matter. The WCJ did not prepare a Report and Recommendation on Petition for Reconsideration. For the reasons set forth below, we will deny reconsideration. Lien claimant complains that “it appears this is becoming the normal to Disallow lien claimants who haven’t paid the activation fee the day of any hearing [sic].” (Petition, p. 2.) Lien claimant is mistaken-liens will certainly be dismissed for failure to pay an activation fee, but not at any hearing. A lien claimant which has not filed a Declaration of Readiness to Proceed (DOR) “shall submit proof of payment of the activation fee at the lien conference [emphasis added].” (Lab. Code, § 4903.06(a)(3); see , payment of the activation fee at the lien conference [emphasis added].” (Lab. Code, § 4903.06(
Jessica Henriquez vs. Vallarta Food Enterprises, Inc., Permissibly Self-insured, Administered By Sedgwick Claims Management Services, Inc.
.OPN
In this case, Jessica Henriquez was appealing a workers' compensation claim against Vallarta Food Enterprises, Inc., which was permissibly self-insured and administered by Sedgwick Claims Management Services, Inc. Lien claimant Industrial Healthcare, through its representative Innovative Medical Management, petitioned for reconsideration of the Order Dismissing Lien Claim, arguing that it was not obligated to pay the lien activation fee because defendant had not served closing documents or medical records on lien claimant. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the lien claimant was obligated to pay the lien activation fee prior to the lien conference and that the WCJ properly dismissed the lien
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7414147
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