AMERICAN APPAREL INC NEW HAMPSHIRE INSURANCE COMPANY Administered By ATHENS ADMINISTRATORS RODOLFO AVELINO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODOLFO AVELINO, Applicant,vs.AMERICAN APPAREL, INC.; NEWHAMPSHIRE INSURANCE COMPANY,Administered By ATHENSADMINISTRATORS, Defendants.Case No. ADJ7011806(Long Beach District Office)OPINION AND ORDERDENYING PETITIONFOR RECONSIDERATION Lien claimants Downtown L.A. Ambulatory Surgery Center, Mobile Radiology, and Comet Radiology (lien claimants), through their representative, the Law Office of Robin Jacobs, seek reconsideration 0f the April 21, 2014 Orders Dismissing Liens (Orders Dismissing), wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimants’ liens for failure to appear at trial on March 19, 2014. Lien claimants contend that the WCJ should not have dismissed their liens. We have reviewed defendant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied. We have considered the Petition for Reconsideration, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny lien claimants’ Petition.FACTS Applicant claimed that, while employed by defendant as a cloth spreader on September 5, 2009, he sustained an industrial injury to his neck, chest, reproductive system, and cervical spine, and in the , form of a sleep disorder. Applicant’s case was resolved by way of a Compromise and Release, and an order approving issued on October 6, 2010. Following the resolution of the case in chief, on September 23, 2011, lien claimants filed their respective liens. On January 1, 2013, another lien claimant filed a Declaration of Readiness
Rodolfo Avelino vs. American Apparel Inc New Hampshire Insurance Company Administered By Athens Administrators
: In this case, Rodolfo Avelino, the applicant, was injured while employed by American Apparel, Inc. and New Hampshire Insurance Company, administered by Athens Administrators. Lien claimants Downtown L.A. Ambulatory Surgery Center, Mobile Radiology, and Comet Radiology sought reconsideration of the April 21, 2014 Orders Dismissing Liens, wherein the workers' compensation administrative law judge dismissed their liens for failure to appear at trial on March 19, 2014. The Petition for Reconsideration was denied, and the matter was returned to the WCJ to address defendant's request for sanctions.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7011806
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