Red Planet Productions; State Compensation Insurance Fund Michelle Madison WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE MADISON, Applicant,vs. RED PLANET PRODUCTIONS; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. VNO 0429924OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Lien claimant, Holmes Chiropractic Clinic (Holmes), seeks reconsideration of the November 1, 2007 Order of Dismissal issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ dismissed Holmes’ $162,284.40 lien with prejudice indicating, in essence, that no good cause had been shown by Holmes for its failure to appear on August 20, 2007. Previously, applicant’s claim of injury to multiple body parts while employed as an assistant editor on October 20, 1998 was settled by Order Approving Compromise and Release for $90,000.00. Following additional proceedings, Holmes’ unresolved lien was set for a lien conference on June 14, 2007, and then for a lien trial on October 20, 2007 at which the WCJ issued a Notice of Intention to Dismiss (NIT) for Holmes’ failure to appear. On November 1, 2007, the WCJ issued the Order of Dismissal from which Holmes seeks reconsideration herein. Holmes contends that the WCJ erred in dismissing its lien arguing that it appeared at the August 20,2007 trial and that it established good cause for arriving late. Defendant did not file an answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. , Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the November 1, 2007 Order of Dismissal, and return this matter to the trial level for further proceedings on the merits of Holmes’ lien and for a new decision by the WCJ. Appeals Board Rule 10888 provides that after approving a Compromise and Release, if
Michelle Madison vs. Red Planet Productions; State Compensation Insurance Fund
In this case, the Holmes Chiropractic Clinic (Holmes) sought reconsideration of the November 1, 2007 Order of Dismissal issued by the workers' compensation administrative law judge (WCJ). The WCJ had dismissed Holmes' $162,284.40 lien with prejudice due to their failure to appear at a lien trial on August 20, 2007. The Appeals Board granted reconsideration, rescinded the November 1, 2007 Order of Dismissal, and returned the matter to the trial level for further proceedings and decision by the WCJ. The Appeals Board found that Holmes' failure to appear was due to traffic congestion and multiple other cases they were handling, and that they had provided sufficient evidence to show good cause
- Filed On:
- Court: California, Van Nuys
- Case No. VNO0429924
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