Eco Building Systems; State Compensation Insurance Fund John Anderson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN ANDERSON, Applicant,vs.ECO BUILDING SYSTEMS; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ1739967 (SDO 0296218)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant, State Compensation Insurance Fund (SCIF), has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated January 25, 2013, wherein the workers compensation administrative law judge (WCJ) continued this case to another mandatory settlement conference (MSC) on June 21, 2013. SCIF contends that the conference held on January 25, 2013, though denominated by the WCJ as an MSC, was in fact a lien conference; that lien claimants Mission Valley Heights Surgery Center and Poway Surgery Center (LCs) must be dismissed because they did not pay lien activation fees prior to the conference on January 25, 2013; and that LCs have not complied with the disclosure requirements of WCAB Rule 10770(c)(2). LCs have filed an Answer. This case is part of a consolidation of cases at the San Diego district office where LCs have unresolved liens and the claims administrator is SCIF. There is a Notice of Intent to Consolidate dated July 10, 2007, wherein this case was designated as the master file. Apparently, there is an Order of Consolidation dated August 7, 2007,1 but we are unable to find that Order in the paper file or in EAMS. Since then there have been numerous discovery disputes. On September 28, 2009, SCIF filed a declaration of readiness to proceed (DOR) requesting an MSC on the issue of the production of contracts/documents in control of LCs. On January 29, 2010, an 1 See the WCJ’s Report and Recommendation on Petition for Removal (Report) dated December 30, 2011. , MSC took place before the WCJ at which various stipulations were entered into between SCIF and LCs regarding
John Anderson vs. Eco Building Systems; State Compensation Insurance Fund
(SDO 0296218) is a case in which the State Compensation Insurance Fund (SCIF) requested that the Workers' Compensation Appeals Board rescind an order from a workers' compensation administrative law judge (WCJ) that continued the case to another mandatory settlement conference (MSC). The WCJ had denominated the conference as an MSC, but SCIF argued that it was in fact a lien conference. The Appeals Board granted the petition for removal and dismissed the liens of Mission Valley Heights Surgery Center and Poway Surgery Center with prejudice. The mandatory settlement conference scheduled for June 21, 2013, was ordered off calendar.
- Filed On:
- Court: California, San Diego
- Case No. ADJ1739967
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