The Sports Club Company, Inc.; Care West Pegasus; AIG Claims, Inc.; State Compensation Insurance Fund Mario Arellano WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA MARIO ARELLANO, Applicant, vs. THE SPORTS CLUB COMPANY, INC.; CARE WEST PEGASUS; AIG CLAIMS, INC.; STATE COMPENSATION INSURANCE FUND, Defendants. Case No. ADJ7266187 OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION,GRANTING REMOVAL ON BOARD MOTION,NOTICE OF INTENTION TO IMPOSE SANCTIONS(Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10562) Lien claimant, California Sport and Rehabilitation, through its representative, Zoila Webster, seeks reconsideration of the October 21, 2014 OrderDismissing Liens issued by the workers’ compensation administrative law judge (WCJ), wherein the WCJ dismissed its lien. Previously, the WCJ issued a Notice of Intention to Dismiss Lien (NIT) at the August 28, 2014 lien conference, which gave notice of intention to dismiss lien claimant’s lien for failure to appear at the lien conference, unless good cause to the contrary was shown in writing within 10 days. The NIT was served by defendant on September 17, 2014. Lien claimant contends that the WCJ erred in issuing the October 21, 2014 Order Dismissing Liens, arguing that it failed to appear at the August 28,2014 lien conference because its representative was ill and there is no manner to inform the Workers’ Compensation Appeals Board (WCAB). We have considered the Petition for Reconsideration,1 and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (report), recommending that the Petition be denied. For the reasons set forth below and 1 We note that lien claimant’s Petition is not verified. Section 5902 provides, in pertinent part, that, “[t]he petition shall be verified upon oath in the manner required for verified pleadings in c
Mario Arellano vs. The Sports Club Company, Inc.; Care West Pegasus; Aig Claims, Inc.; State Compensation Insurance Fund
This case involves a lien claimant, California Sport and Rehabilitation, who failed to appear at a lien conference and was subsequently issued an Order Dismissing Liens. The lien claimant sought reconsideration of the order, arguing that their representative was ill and there was no way to inform the Workers' Compensation Appeals Board. The Petition for Reconsideration was denied and the Workers' Compensation Appeals Board issued a Notice of Intention to impose a sanction of $1,000.00, jointly and severally, against the lien claimant, California Sport and Rehabilitation, and its representative, Zoila Webster, for their bad faith actions and misrepresentations.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7266187
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