Raymond Gastinell vs. Empire Pacific Windows Corporation; Liberty Mutual Insurance Company

In this case, Raymond Gastinell, an employee of Empire Pacific Windows Corporation, filed a claim for workers' compensation after sustaining industrial injury to his upper extremities, psyche, and neck. The parties settled the claim, and a lien trial was scheduled for November 21, 2012. On that date, lien claimant Trinity Health and Wellness Center, Inc. failed to appear, and the WCJ dismissed the lien claim. Trinity Health and Wellness Center then filed an Objection to the Order to Dismiss Lien, arguing that they had attempted to negotiate a settlement with the defendant but had not received a response. The WCAB granted reconsideration, rescinded the WCJ's decision to dismiss the lien claim,

Empire Pacific Windows Corporation; Liberty Mutual Insurance Company Raymond Gastinell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMOND GASTINELL, Applicant,vs.EMPIRE PACIFIC WINDOWSCORPORATION; LIBERTY MUTUALINSURANCE COMPANY, Defendants.Case No. ADJ2742024 (SAC 0321214)ADJ3458925 (SAC 0321215)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            In a Compromise and Release approved on March 14, 2012, the parties settled applicant’s underlying claim that, while employed as a warehouse loader on September 30, 2002, he sustained industrial injury to her upper extremities, psyche, and neck. Thereafter, the WCAB issued a notice of a lien trial to take place on November 21, 2012.            On November 19, 2012, lien claimant Trinity Health and Wellness Center, Inc. filed and served a Request to be Available by Phone for the November 21, 2012 lien conference. Lien claimant did not appear at the November 21, 2012 lien conference. Defendant prepared the Minutes of Hearing for the November 21, 2012 lien conference, which state that defendant believes that lien claimant Trinity Health and Wellness Center represented that its liens had been fully paid or resolved, and based on that representation lien claimant’s lien is dismissed. The WCJ signed the Minutes of Hearing, designating service of the Minutes of Hearing to defendant pursuant to Rule 10500.            On December 3, 2012, lien claimant filed an unverified Objection to Order to Dismiss Lien (Objection), contending that the WCJ erred in allowing lien claimant’s claim to be dismissed,-arguing that lien claimant had made several attempts to negotiate a settlement with defendant but had never received a response to those attempts, and that their lien claim had an outstanding balance of $4,330.95. The WCJ treated the Objection as a Petition for Reconsideration. ,             We have considered the Objection/Petition and we have reviewed the record in this matter. We hav

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