Closet World, Inc.; Berkshire Hathaway San Franciso; Cypress Insurance Company, Salvador Rivera, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALVADOR RIVERA,Applicant,vs.CLOSET WORLD, INC.; BERKSHIRE HATHAWAY SAN FRANCISO; CYPRESS INSURANCE COMPANY,Defendants,SAN DIEGO IMAGING, INC. dba CALIFORNIA IMAGING SOLUTIONS, INC,Lien Claimant.Case No. ADJ7063053(Anaheim District Office)OPINIONAND DECISION AFTER RECONSIDERATION We granted lien claimant’s Petition for Reconsideration on February 2, 2016 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. California Imaging Solutions, Inc., doing business as California Imaging Solutions, Inc. (lien claimant), sought reconsideration of the Findings and Order of the workers’ compensation administrative law judge (WCJ), signed on November 5, 2015, and served on November 9, 2015, wherein the W CJ found that there was no contested claim at the time lien claimant provided services and that lien claimant failed to prove its services were either reasonable or necessary. Accordingly, the WCJ disallowed the lien. Applicant’s claim of injury to his shins, knees, and right ankle while employed by defendant as a cabinet installer on October 9, 2009, was settled by compromise and release with a lump sum payment of $95,000.00, as approved by Order Approving Compromise and Release on July 16, 2013. Lien claimant contended the WCJ erred in disallowing its lien, arguing that the WCJ raised arguments on behalf of defendant and amended the issues initially set forth in the Pre-Trial Conference Statements of August 14, 2014 and September 28, 2015, and violated lien claimant’s procedural and , substantive due process rights. Lien claimant requested that the trial WCJ be disqualified from further actions in the case and that a new WCJ be assigned. No answer was received from defendant. The WCJ provided a Report and Recommendation
Salvador Rivera, vs. Closet World, Inc.; Berkshire Hathaway San Franciso; Cypress Insurance Company,
In this case, Salvador Rivera, an employee of Closet World, Inc., filed an application for adjudication of claim for a specific injury to his lower extremities, feet, and hips sustained on October 9, 2009 while employed by Closet World, Inc. The case was settled by compromise and release with a lump sum payment of $95,000.00. San Diego Imaging, Inc., doing business as California Imaging Solutions, Inc. (lien claimant), filed a lien for its services, which were photocopying services requested by applicant's attorney, Dennis Dascanio. The Workers' Compensation Appeals Board denied lien claimant's request to disqualify the WCJ, rescinded the November 5, 2015 decision,
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7063053
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