Raul Martinez vs. Mort’s Riordan; Oak River Insurance Company

Mort's Riordan and Oak River Insurance Company were involved in a workers' compensation case in which lien claimant Comprehensive Interpreting, represented by Diego Plasencia of Qualified Billing & Collections, LLC (QBC), sought reconsideration of a workers' compensation administrative law judge's (WCJ) Order Dismissing Lien. The WCJ issued a Notice of Intention to Dismiss Lien, which was served on both QBC and Comprehensive Interpreting. Lien claimant failed to respond to the Notice of Intention, and the WCJ signed the Order Dismissing Lien. QBC and Mr. Plasencia then filed a Petition for Reconsideration, which was dismissed as untimely.

Mort’s Riordan; Oak River Insurance Company Raul Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAUL MARTINEZ, Applicant,vs. MORT’S RIORDAN; OAK RIVERINSURANCE COMPANY, Defendants.Case No. ADJ7611906 (Los Angeles District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, REMOVING MATTER ON APPEALS BOARD MOTION, AND NOTICE OF INTENTION TO IMPOSE SANCTIONS ON QUALIFIED BILLING & COLLECTIONS AND DIEGO PLASENCIA, JOINTLY AND SEVERALLY, IN AN AMOUNT UP TO $2,500            Lien claimant Comprehensive Interpreting, represented by Diego Piasencia of Qualified Billing & Collections, LLC (QBC), seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Order Dismissing Lien of January 24, 2013. Lien claimant did not have a representative appear at a December 20, 2012 lien conference. The WCJ issued a Notice of Intention to Dismiss Lien on December 20, 2012, and designated defendant to serve the Notice of Intention. On December 31, 2012, the defendant served the Notice of Intention. The proof of service filed by defendant reflects that “QBC Los Angeles” was served at the address “4601 Wilshire Blvd., Fl. 3, Los Angeles, CA 90010.” “Comprehensive Interpreting” was also served at the same address. This address is the address for both QBC and Comprehensive Interpreting on the Official Address Record, and also appears as QBC’s address in the heading of its Petition for Reconsideration.            Pursuant to the Notice of Intention, lien claimant had ten days from service to show good cause why the lien claim should not be dismissed. Because lien claimant had an extra five days to respond because the Notice of Intention was served by mail (Cal. Code Regs., tit. 8, § 10507), any objection was due by January 15, 2013. Lien claimant never objected to the Notice of Intention, and thus the WCJ signed the Order Dismissing Lien on January 23, 2013. The Order Dismissing Lien was served by the , WCAB on both QBC Los Angeles and Co

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