BLIZZARD PRINTING, INC.; PSM INSURANCE COMPANY VICTOR MORA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVICTOR MORA, Applicant,vs.BLIZZARD PRINTING, INC.; PSM INSURANCE COMPANY, Defendants.Case No. ADJ7904578(Marina Del Ray District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimants Advanced Management Group and United Health Services seek reconsideration of the July 2, 2012 Notices of Intention to Dismiss Lien Claims (Notices of Intention), wherein the workers’ compensation administrative law judge (WCJ) issued Notices of Intention to dismiss lien claimants’ liens for failure to appear at the July 2, 2012 lien conference. Through a Compromise and Release approved on February 18, 2012, the parties resolved applicant’s claim that, while employed as a machine operator on August 30, 2010, he sustained industrial injury to his hips, back, shoulders, wrist, and leg. Lien claimants request that the WCJ take no action on the Notices of Intention, arguing that they failed to appear at the July 2, 2012 lien conference because of a calendaring error, and that their absence at the lien conference was the result of inadvertent mistake or excusable neglect. We have considered the Petition for Reconsideration (Petition) and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be dismissed or denied. For the reasons discussed below, we will dismiss lien claimants’ Petition for Reconsideration. On April 20, 2012, lien claimants were served with a Notice of Hearing for a lien conference to be held on July 2, 2012.1 Lien claimants did not appear at the July 2, 2012 lien conference, and the WCJ 1 In her Report, the WCJ states that defendant also provided lien claimants with notice of the lien conference in a letter dated April 26, 2012. , issued the Notice of Intention on the same day,
VICTOR MORA vs. BLIZZARD PRINTING, INC.; PSM INSURANCE COMPANY
Victor Mora was employed as a machine operator on August 30, 2010 and sustained industrial injury to his hips, back, shoulders, wrist, and leg. Advanced Management Group and United Health Services, lien claimants, failed to appear at the July 2, 2012 lien conference and the workers' compensation administrative law judge issued Notices of Intention to dismiss lien claimants' liens for failure to appear. The lien claimants requested that the WCJ take no action on the Notices of Intention, arguing that they failed to appear at the lien conference due to a calendaring error. The Petition for Reconsideration was dismissed as it was not a final order, decision, or award and the lien claimants should have
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ7904578
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