YAFA, A Pen Company, Inc.; Employers Compensation Insurance Company Marco Altamirano WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCO ALTAMIRANO, Applicant,vs.YAFA, A PEN COMPANY, INC.; EMPLOYERSCOMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ7448960 (Van Nuys District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS Lien claimants Global Interpreting and Pacific Orthopedic and Rehabilitation (collectively, lien claimants), through their representatives Qualified Billing and Collections, LLC (QBC) and Diego Plasencia, seek reconsideration of the January 25, 2013 Orders Dismissing Liens for Failure to Pay Activation Fee Prior to Lien Conference (Orders), wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimants’ claims for failure to pay the lien activation fee required by Labor Code section 4903.06.1 The WCJ noted in the Orders that she had checked for payment of the lien activation fee at 4:30 p.m. on the date of the lien conference and there was no record that the lien activation fees had been paid. In their verified Petition for Reconsideration (Petition), lien claimants contend that the WCJ erred in dismissing their claims, because their hearing representative presented the WCJ with proof of payment of lien activation fees at the lien conference. Lien claimants also contend that the WCJ intentionally disregarded their proof of payment and dismissed the claims. We have not received an answer from any party. The WCJ prepared a Report and Recommendation on Reconsideration (Report), recommending that the petition be denied. 1 Unless otherwise noted, all further statutory references are to the Labor Code. , We have considered the Petition, and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant lien claimants’ Petition for Reconsideration and issue a notice o
Marco Altamirano vs. Yafa, A Pen Company, Inc.; Employers Compensation Insurance Company
In this case, YAFA, A Pen Company, Inc. and Employers Compensation Insurance Company were defendants in a workers' compensation case brought by Marco Altamirano. Lien claimants Global Interpreting and Pacific Orthopedic and Rehabilitation, through their representatives Qualified Billing and Collections, LLC and Diego Plasencia, sought reconsideration of the January 25, 2013 Orders Dismissing Liens for Failure to Pay Activation Fee Prior to Lien Conference. The Workers' Compensation Appeals Board granted the petition for reconsideration and issued a notice of intention to order sanctions of up to $2,500.00 against lien claimants' representatives Qualified Billing and Collections, LLC and Diego S. Plasencia, jointly
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ7448960
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