Ji Rong Restaurant, State Compensation Insurance Fund Lin Ji WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALIN JI, Applicant,vs.JI RONG RESTAURANT, STATE COMPENSATION INSURANCE FUND, Defendants.· Case No. ADJ8098352(Los Angeles District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimant Hamni Medical seeks reconsideration of the October 29, 2015 Notice of Intention to Dismiss Liens wherein the workers’ compen$ation administrative law judge (WCJ) gave lien claimants Hamni Medical and ARS Legal notice that their liens would be dismissed for failure to appear at a dulynoticed lien conference unless good cause to the contrary is shown. The Workers’ Compensation Administrative Law Judge (WCJ) prepared a Report and Recommendation on Pet1tton for Reconsideration (Report) recommending that the petition be dismissed. For the reasons discussed by, th~ WCJ in his report, which we adopt and incorporate by reference, and for the reasons discus·sed below, we will dismiss lien claimant’s petition. Lien claimant’s Petition for Reconsid~ration is not taken from a “final order, deci~ion, or award’; subject to reconsideration. Labor: Code §5900(a) allows reconsideration only of a ”final order, decision, or award.” (Emphasis added.) (See also Labor·.code §§ 5.901-5903) A “final” order has been defined as one ”which determines any substantive right or liability .of those involved in the case.” (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410, 413]; Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 29, 45 [43 Cal.Comp.Cases 661, 665].)I I II I I , For the foregoing reasons,IT IS HEREBY ORDERED that lien claimant’s Petition for Reconsideration of the October 29, 2015 Notice of Intention is DISMISSED;WORKERS’ COMPENSATION APPEALS BOARD_____________
Lin Ji vs. Ji Rong Restaurant, State Compensation Insurance Fund
In this case, the Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration of the October 29, 2015 Notice of Intention to Dismiss Liens. The Board found that the Petition was not taken from a "final order, decision, or award" and thus was not subject to reconsideration. The Board also found that the lien claimant had failed to show good cause to the contrary. The Board's decision was concurred in by Ronnie G. Caplane and Marguerite Sweeney, with Jose H. Razo concurring but not signing. The decision was dated and filed at San Francisco, California on January 6, 2016.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ8098352
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.