Mary Health of the Sick; Redland Insurance, Administered By Crawford and Company Julie Ann Cabeza WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIE ANN CABEZA, Applicant,vs.MARY HEALTH OF THE SICK; REDLAND INSURANCE, Administered By CRAWFORDAND COMPANY, Defendant(s).Case No. ADJ1988796 (OXN 0126081),ADJ4225705 (OXN 0126083)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION, DENYING REMOVAL, AND GRANTING REMOVAL ON BOARD MOTION AND DECISION AFTER REMOVAL Lien claimant Westlake Spine & Outpatient Surgery Center (lien claimant) seeks reconsideration of the August 4, 2010 orders issued by the workers’ compensation administrative law judge (WCJ). Lien claimant contends that: (1) the WCJ imposed orders for sanctions and costs against lien claimant and its attorney, M. Francesca Hannan (Hannan) without adequate notice and opportunity to be heard and (2) ordered its lien submitted without agreement and without allowing the matter to be set for regular hearing (lien trial), thereby resulting in no recovery on its lien. This matter was previously before the Workers’ Compensation Appeals Hoard (Appeals Board) through a petition for reconsideration filed on March 11, 2010 by lien claimant A lien trial was set for February 18, 2010, and after the lien claimant’s attorney did not appear, the WCJ submitted the matter for decision in the absence of lien claimant’s attorney and without evidence from the lien claimant. On February 22, 2010, the WCJ issued his Joint Findings and Order (F&O) and ordered that lien claimant take nothing on its lien. On May 10, 2010, we granted reconsideration, rescinded the WCJ’s February 22, 2010 decision and returned this matter to the trial level for further proceedings and a new decision. , After the instant petition was filed on August 24, 2010, and while the matter was pending at the Appeals Board, the WGJ issued an Amended Joint Findings and Order (AF&O) on September 30, 2010, amending the orig
Julie Ann Cabeza vs. Mary Health Of The Sick; Redland Insurance, Administered By Crawford And Company
In this case, Julie Ann Cabeza filed a petition for reconsideration against Mary Health of the Sick and Redland Insurance, administered by Crawford and Company. The lien claimant, Westlake Spine & Outpatient Surgery Center, sought reconsideration of the August 4, 2010 orders issued by the workers’ compensation administrative law judge. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration, denied the petition for removal, and granted removal on board motion and decision after removal. The board rescinded the Amended Joint Findings and Order issued on September 30, 2010 and returned the matter to the hearing level for further proceedings and a decision by the workers' compensation administrative law judge consistent with this decision.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ1988796
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