CROTHALL HEALTHCARE, INC.; CIGA By CAMBRIDGE SERVICES for RELIANCE INSURANCE COMPANY, In Liquidation, OSVALDO CORTEZ WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSVALDO CORTEZ, Applicant,vs.CROTHALL HEALTHCARE, INC.; CIGA By CAMBRIDGE SERVICES for RELIANCE INSURANCE COMPANY, In Liquidation, Defendants,Case No.LAO 0804077OPINION ANDORDERGRANTING REMOVALANDDECISION AFTERREMOVAL Lien claimant Outpatient Spine Surgery Center (LC) has filed a timely petition to remove, requesting that the appeals board rescind the Order dated April 30, 2007, wherein the workers’ compensation administrative law judge (WCJ) ordered: “Jurisdiction not reserved on lien claims of record in this case. Laches, statutes of limitation may apply.” Although petitioner acknowledges that this is not a final order, it alleges that the order will subject it to substantial prejudice or irreparable harm. We have not received an answer from defendant. We grant removal to clarify the order. Applicant, while employed as a housekeeper/janitor on May 20, 2000, sustained industrial injury to his low back. On February 24, 2005, applicant received a stipulated award of temporary disability indemnity from August 2, 2004 to present and continuing. Issues regarding permanent disability have not yet been resolved. LC and defendant appeared at a conference on April 30. 2007. They declined to litigate issues regarding the lien until after resolution of other issues in the case. The WCJ issued the order at issue herein and took the case off calendar. After independent review of the pleadings and proceedings herein, we believe that the Order dated April 30, 2007 is ambiguous. Therefore, in order to clarify the present posture of LC’s , Claim, we grani removal and amend lhe order to provide that all issues involving LC are deferred, including jurisdiction laches and statutes of limitation.For the foregoing reasons. IT IS ORDERED that the petition to remo
Osvaldo Cortez vs. Crothall Healthcare, Inc.; Ciga By Cambridge Services For Reliance Insurance Company, In Liquidation,
This case involves a lien claimant, Outpatient Spine Surgery Center (LC), who has filed a petition to remove an order from the Workers' Compensation Administrative Law Judge (WCJ) dated April 30, 2007. The order stated that jurisdiction was not reserved on lien claims in the case and that laches and statutes of limitation may apply. The Workers' Compensation Appeals Board granted removal to clarify the order and amended it to provide that all issues involving LC are deferred, including jurisdiction, laches, and statutes of limitation. The matter was returned to the trial level for further proceedings.
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0804077
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