KDK Investment, Inc.; California Restaurant Mutual Benefit Corporation Teresa Ramos WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA RAMOS, Applicant,vs.KDK INVESTMENT, INC.; CALIFORNIA RESTAURANTMUTUAL BENEFIT CORPORTATION, Defendants.Case Nos. ADJ3979004 (LAO 0862878)ADJ1142637 (LAO 0862879)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Christina Arana & Associates (Arana) seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee of April 3, 2013. Arana’s lien was dismissed because Arana did not pay the fee required by Labor Code section 4903.06 by the commencement of the April 3, 2013, 1:30 p.m. lien conference. The WCJ checked for payment at 1:59 p.m. on the date of the lien conference, saw that the lien activation fee had not been paid, and dismissed the lien. Lien claimant contends that the WCJ erred in dismissing its lien claim, arguing that it attempted to pay the fee on the day before the lien conference, but was unable to complete the transaction as a result of an error in the Electronic Adjudication Management System (EAMS). We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. Lien claimant has attached to its Petition for Reconsideration a computer screen printout taken on April 2, 2013, the day before the lien conference, at 4:34 p.m. which states “Error 500.” According to the lien claimant’s verified Petition, this screen appeared when the lien claimant attempted to pay the lien activation fee through EAMS. We will grant reconsideration, rescind the Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee of April 3, 2013, and return this matter to the trial level for further proceedings on all outstanding issues regarding Arana’s lien. Like the court in Shipley v. Workers’ Comp. Appeals Bd.
Teresa Ramos vs. Kdk Investment, Inc.; California Restaurant Mutual Benefit Corporation
In this case, lien claimant Christina Arana & Associates (Arana) sought reconsideration of a workers' compensation administrative law judge's (WCJ) Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee of April 3, 2013. The WCJ dismissed the lien because Arana did not pay the fee required by Labor Code section 4903.06 by the commencement of the April 3, 2013, 1:30 p.m. lien conference. The WCJ checked for payment at 1:59 p.m. on the date of the lien conference, saw that the lien activation fee had not been paid, and dismissed the lien. The lien claimant argued that they attempted
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3979004
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