AMERICAN RACING EQUIPMENT permissibly self-insured MERICIA ENRIQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMERICIA ENRIQUEZ, Applicant,vs.AMERICAN RACING EQUIPMENT,permissibly self-insured, Defendants.Case No. ADJ2610300 (LAO 0835809)OPINION AND DECISIONAFTER RECONSIDERATION We previously granted the joint petition of lien claimants Vision Quest Industries (VQ), Sobol Orthopedic (Sobol), Eugene Loopesko, M.D. (Loopesko ), Biocare and their hearing representatives Collective Resources and Patrick Petronella (all jointly called petitioners) for reconsideration of the May 2, 2014 Amended Order Imposing Sanctions And Payment Of Attorney Fees And Costs (Order) of the workers’ compensation administrative law judge (WCJ) who ordered each of the petitioners and others jointly and severally liable to pay sanctions in the amount of $2,500, and liable for a portion of defendant’s attorney’s fees and costs in the total amount of $6,630.1 Applicant earlier settled her claim of industrial injury to the neck, upper extremities, hand and psyche while working as machine operator for defendant on March 11, 2002, by compromise and release 1 The Order also named lien claimant Joyce Altman Interpreters and its hearing representative Javier Jimenez (jointly called Altman/Jiminez) as well as lien claimant Cal Pharmacy Management and its and hearing representative Derek Davis (jointly called CPM/Davis), but none of them sought reconsideration. It appears from the EAMS record that Altman/Jimenez and CPM/Davis each paid $2,500 in sanctions pursuant to the Order, as did VQ. , for the lump sum of $55,000 as approved by a different WCJ on July 7, 2010. In paragraph 8 of the compromise and release defendant agreed to “pay, adjust or litigate” liens of record. Petitioners contend that the ordered sanctions are excessive and disproportionate to the amounts of the lien claims, that the imposition of sanctions will have a chilling effect on lien claima
Mericia Enriquez vs. American Racing Equipment Permissibly Self-insured
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ2610300
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