Robert Mulleneaux, vs. So. Cal. Off-track Wagering,inc.,

In this case, Robert Mulleneaux, an employee of So. Cal. Off-Track Wagering, Inc., filed a workers' compensation claim for injuries to multiple body parts sustained while employed on July 11, 2004. The claim was resolved by a July 17, 2008 Order Approving Compromise and Release for $10,000.00. Following the settlement, the unresolved liens were set for a lien conference on April 14, 2009 before Judge Yamanaka. At the April 14, 2009 lien conference, Judge Yamanaka issued a Notice of Intention to Dismiss Lien Claim (NIT) within 20 days of the service of the NIT absent a showing of good cause to the contrary due to Dr.

SO. CAL. OFF-TRACK WAGERING,INC., ROBERT MULLENEAUX, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT MULLENEAUX, Applicant,vs.SO. CAL. OFF-TRACK WAGERING,INC., Defendant(s).Case No. ADJ2719714 (MON 0341472)ADJ505792 (MON 0341473)ADJ814253 (MON 0106866)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the July 16, 2009 Order Rescinding Order Dismissing Lien issued by Workers’ Compensation Administrative Law Judge Yosh Yamanaka (Judge Yamanaka) wherein Judge Yamanaka ordered that the June 10, 2009 Order Dismissing Lien of Elliott Gross, M.D., be rescinded.            Previously, applicant’s claim of injury to multiple body parts’ while employed on July 11, 2004 as a “pari mutual clerk” [sic] was resolved by a July 17, 2008 Order Approving Compromise and Release for $10,000.00. Following the settlement, the unresolved liens were set for a lien conference on April 14, 2009 before Judge Yamanaka. At the April 14, 2009 lien conference, Judge Yamanaka issued a Notice of Intention to Dismiss Lien Claim (NIT) within 20 days of the service of the NIT absent a showing of good cause to the contrary due to Dr. Gross’ failure to appear. On June 10, 2009, Judge Larry Greenblatt (Judge Greenblatt) issued a Final Order of Dismissal of Dr. Gross’ lien noting that there was no response or objection to the NIT. On July 7, 2009, Dr. Gross filed a Petition for Reconsideration contending that he did not receive notice of the lien conference or the NIT. Thereafter Judge Yamanaka issued the July 16, 2009 Order Rescinding 1The Compromise and Release lists the following body parts: left lower extremity, left knee, right knee, and right lower extremity. , the Order Dismissing Lien from which defendant seeks reconsideration herein.            Defendant contends that Judge Yamanaka erred in issuing the Order Rescinding the Order Dismissing Dr. Gross’ lien. Defendant argues that the order of rescission must have been procured by fraud and that it

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.