Burke Williams, Inc.; Travelers Sacramento Maria Villegas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA VILLEGAS, Applicant,vs.BURKE WILLIAMS, INC.; TRAVELERS SACRAMENTO, Defendants.Case No. ADJ5814563(Los Angeles District Office)OPINION AND DECISION AFTER REMOVAL On November 19, 2012, we removed this matter to the Appeals Board on our own motion pursuant to Labor Code section 5310 and issued a Notice of Intention to Issue Sanctions against lien claimant, Safety Works Medical, Inc., and its representative, David Schafer, absent a timely written objection demonstrating good cause to the contrary for filing what we characterized as an untimely, unsigned, unverified, unserved Petition for Reconsideration containing willful misrepresentations of the record. For the reasons set forth below, we will return the case to the trial level for further proceedings in light of a hearing before WCJ Kosta at the Van Nuys District Office to consolidate all of the cases in which Safety Works, Inc. filed DORs in violation of statute and regulation. In light of the hearing, which was set for January 24, 2013 at 10:00 am before WCJ Darcy Kosta at the Van Nuys District Office,–and the possibility of a global resolution-as our decision after removal, we will rescind our November 19, 2012 Notice of Intention to Issue Sanctions, and return the matter to the trial level. If consolidation is denied, the WCJ in the present case will have the opportunity to issue a notice of intention to sanction followed by a new decision concerning lien claimant’s behavior. We note that Labor Code section 4907 has been expanded as of January 1, 2013, and now provides as follows: , [justify] “(a) The privilege of any person, except attorneys admitted to[/justify][justify] practice in the Supreme Court of the state, to appear in any proceeding as a[/justify][justify] representative of any party before the appeals board, or any of i
Maria Villegas vs. Burke Williams, Inc.; Travelers Sacramento
This case is about Maria Villegas, who is seeking workers' compensation from Burke Williams, Inc. and Travelers Sacramento. The Workers' Compensation Appeals Board removed the case to itself and issued a Notice of Intention to Issue Sanctions against lien claimant, Safety Works Medical, Inc., and its representative, David Schafer, for filing an untimely, unsigned, unverified, and unserved Petition for Reconsideration containing willful misrepresentations of the record. The Board rescinded the Notice of Intention to Issue Sanctions and returned the matter to the trial level for further proceedings in light of a hearing before WCJ Kosta at the Van Nuys District Office to consolidate all of the cases in which Safety Works, Inc.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ5814563
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