ROYAL CABINETS; SEABRIGHT INSURANCE CO. MARTHA GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA GARCIA, Applicant,vs.ROYAL CABINETS; SEABRIGHT INSURANCE CO., Defendants.Case No. ADJ6708769(Los Angeles District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Lien claimant SAI Professional Services seeks reconsideration of the Order Dismissing Lien(s) served June 7, 2012 in which the workers’ compensation administrative law judge (WCJ) dismissed its lien. Lien claimant contends the WCJ erred by dismissing its lien rather than holding a new lien trial, arguing that it filed an objection to the WCJ’s Notice of Intention to Dismiss. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report). For the reasons set forth below, we will grant the Petition for Reconsideration and rescind the Order Dismissing Lien(s) served June 7, 2012. Initially, we note that petitions for reconsideration must be verified. (Lab. Code, § 5902.) Lien claimant has failed to verify its petition. We advise lien claimant and its hearing representative that any future unverified petitions will be dismissed. (See Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425, 1425-1426 [significant panel decision].)Facts and Discussion The WCJ issued a Notice of Intention to Dismiss, dated May 30, 2012 and served on June 7, 2012. The notice stated that, because SAI Professional Services and other lien claimants had failed to appear for a lien trial, those lien claimants had until June 29, 2012 to offer good cause why their liens , should not be dismissed. Before that deadline expired, on June 14, 2012, SAI Professional Services filed an objection, arguing that it never received notice of the lien trial. The WCJ nonetheless dismissed SAI Profession
MARTHA GARCIA vs. ROYAL CABINETS; SEABRIGHT INSURANCE CO.
In this case, the Workers' Compensation Appeals Board granted the Petition for Reconsideration of the Order Dismissing Lien(s) served on June 7, 2012. The Board rescinded the Order Dismissing Lien(s) and returned the matter to the trial level for further proceedings by the WCJ, consistent with the decision.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ6708769
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