GOODWILL INDUSTRIES OF SANTA CLARA; ALASKA NATIONAL INSURANCE COMPANY PATRICIA ARRUDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA ARRUDA, Applicant,vs.GOODWILL INDUSTRIES OF SANTA CLARA; ALASKANATIONAL INSURANCE COMPANY, Defendants.Case No. ADJ7777187(San Jose District Office)OPINION AND ORDER DENYING RECONSIDERATION Lien claimant Safety Works Medical filed an “OBJECTION TO DISMISSING LIEN FOR MED- LEGAL QME ORDERED SERVICE” apparently seeking reconsideration of the September 12, 2012 Order Dismissing Lien issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ dismissed lien claimant’s $2,295.32 lien. Previously, applicant’s underlying claim of injury on December 22, 2010 was settled by Order Approving Compromise and Release on October 25, 2011. On June 29, 2012, lien claimant filed a Declaration of Readiness to Proceed (DOR) requesting a lien conference. A notice of hearing issued on July 2, 2012 setting the matter for a lien conference on July 30, 2012. However, lien claimant failed to appear at the July 30, 2012 conference and the WCJ issued a Notice of Intention to Dismiss Lien of Safety Works Medical (NIT) for failure to appear absent a showing of good cause in writing that it not be dismissed within 30 days. Defendant served the NIT on lien claimant on August 1, 2012 and filed the August 1, 2012 Proof of Service showing service on Safety Works Medical at the address listed on the Official Address Record. Having received no response, the WCJ issued the September 12, 2012 Order Dismissing Lien from which lien claimant seeks reconsideration herein.. Lien claimant appears to contend that the WCJ erred in dismissing its lien arguing that it was not served with the August 1, 2012 NIT. , Defendant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration/Removal (Report) recommending that we dismiss lien claimant’s request for removal and dismiss re
PATRICIA ARRUDA vs. GOODWILL INDUSTRIES OF SANTA CLARA; ALASKA NATIONAL INSURANCE COMPANY
This case involves a lien claimant, Safety Works Medical, who filed an objection to the dismissal of their lien for medical services ordered by a QME. The underlying claim of injury was settled by an Order Approving Compromise and Release on October 25, 2011. On June 29, 2012, lien claimant filed a Declaration of Readiness to Proceed (DOR) requesting a lien conference. A notice of hearing issued on July 2, 2012 setting the matter for a lien conference on July 30, 2012. However, lien claimant failed to appear at the July 30, 2012 conference and the WCJ issued a Notice of Intention to Dismiss Lien of Safety Works Medical (NIT) for failure to appear absent a
- Filed On:
- Court: California, San Jose
- Case No. ADJ7777187
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