WEST COAST PLASTICS INC ZENITH INSURANCE CO CYPRESS INSURANCE CO INSURANCE CO OF THE WEST MARTINA MONTANO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTINA MONTANO, Applicant,vs.WEST COAST PLASTICS, INC.; ZENITHINSURANCE CO.; CYPRESS INSURANCE CO.; INSURANCE CO. OF THE WEST, DefendantsCase Nos. ADJ7665162ADJ7647930ADJ7644904(Pomona District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Lien claimants LYG Professional Medical Group (LYG) and Southern California Sports Rehabilitation (SCSR) seek reconsideration of two self-executing Orders Dismissing Lien Claim(s) dated December 9, 2013, in which the workers’ compensation administrative law judge (WCJ) gave notice that lien claimants’ liens would be dismissed with prejudice for failure to appear at the December 9, 2013 lien conference unless, within ten days of service, lien claimant provided written objections showing good cause for their failure to appear. In a Petition for Reconsideration of the WCJ’s Order, SCSR contends that it appeared at the December 9, 2013 conference, thus the WCJ should not have dismissed its lien. SCSR further contends that the Workers’ Compensation Appeals Board should have served the WCJ’s Order pursuant to Rule 10500(b), which precludes designated service of final orders, decisions, or awards. (Cal. Code Regs., tit. 8, § 10500(b).) In a separate Petition for Reconsideration, LYG makes the same contentions as SCSR. We have considered the Petitions for Reconsideration and the Answer from defendant Cypress Insurance Company, and we have reviewed the record in this matter. The WCJ has prepared a Report and Recommendation on Petitions for Reconsideration (Report) recommending that we grant reconsideration, rescind the Orders, and return the matter to the trial level. , For the reasons set forth below, we will grant reconsideration, rescind the Orders Dismissin
Martina Montano vs. West Coast Plastics Inc Zenith Insurance Co Cypress Insurance Co Insurance Co Of The West
ADJ7647930ADJ7644904Martina Montano was injured while working for West Coast Plastics Inc. and filed a workers' compensation claim. Lien claimants Lyg Professional Medical Group and Southern California Sports Rehabilitation sought reconsideration of two self-executing Orders Dismissing Lien Claim(s) dated December 9, 2013, in which the workers' compensation administrative law judge gave notice that lien claimants' liens would be dismissed with prejudice for failure to appear at the December 9, 2013 lien conference. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Orders, and returned the matter to the trial level for further proceedings and new decision by the WCJ.
- Filed On:
- Court: California, Pomona
- Case No. ADJ7665162
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.