Priority Building Services; Lumberman’s Underwriting Roberto Mena WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO MENA, Applicant,vs.PRIORITY BUILDING SERVICES; LUMBERMAN’S UNDERWRITING, Defendants.Case No. ADJ7466813 (San Diego District Office)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We note that there is a transposition of “2012” and “2013” in the Report and Recommendation. We also note that even though lien claimant alleges that its failure to pay the lien activation fee was “an oversight,” the language of Labor Code section 4903.06(a)(4) is mandatory and requires dismissal of the lien where the activation fee has not been paid./////////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________DEIDRA E. LOWEI CONCUR,_________________________________________RONNIE G. CAPLANE_________________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAAPR 10 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.MAX MRI IMAGINGLAW OFFICES OF SCHLOSSBERG UMHOLTZLAW OFFICES OF KIWANebc , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDCase No. ADJ7466813ROBERTO MENA, Applicant,v.PRIORITY BUILDING SERVICES, LLC;LUMBERMAN’S UNDERWRITING, Defendants.REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION Applicant, while employed as a janitor on February 22, 2010, sustained injury arising out of and in the course of employment to
Roberto Mena vs. Priority Building Services; Lumberman’s Underwriting
Roberto Mena v. Priority Building Services, LLC and Lumberman's Underwriting is a case in which Roberto Mena, a janitor, sustained an injury to his neck and back as a result of a motor vehicle accident while employed. Max MRI Imaging, a lien claimant, filed a lien on June 28, 2012, and attended a lien conference on October 3, 2012. At the lien conference on January 15, 2013, Max failed to appear and had not paid the lien activation fee required by Labor Code § 4903.06. As a result, an Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee Prior to Lien Conference was issued on January 16, 2013. Max
- Filed On:
- Court: California, San Diego
- Case No. ADJ7466813
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