Magnolia Avenue, Inc.; Netherlands Insurance Co., administered by Golden Eagle Insurance Co.; Star Insurance Co., administered by Illinois Midwest Insurance Agency, LLC Yorceli Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYORCELI MARTINEZ, Applicant,vs.MAGNOLIA AVENUE, INC.; NETHERLANDSINSURANCE CO., administered by GOLDEN EAGLEINSURANCE CO.; STAR INSURANCE CO., administered byILLINOIS MIDWEST INSURANCE AGENCY, LLC, Defendants.Case No. ADJ8096523(Pomona District Office)OPINION AND ORDER GRANTING RECONSIDERATIONAND NOTICE OF INTENTION TO ISSUE SANCTION Lien claimant Psychological Assessment Services petitions for reconsideration of the Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee served on April 2, 2013. In that order, the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien with prejudice. Lien claimant contends that the WCJ erred by dismissing its lien, arguing that it was unaware of the March 26, 2013 lien conference. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. Lien claimant filed a document titled “Response to Report and Recommendation on Petition for Reconsideration,” which we will consider as a supplemental petition. (Cal. Code Regs., tit. 8, § 10848.) The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny the Petition. For the reasons set forth below, we will grant reconsideration for the limited purpose of giving notice of our intention to issue a sanction of up to $1,000.00 against Psychological Assessment Services and its representative Sanee Avila, jointly and severally./// , SUMMARY OF FACTS The parties settled this case by a Compromise and Release approved on June 19, 2012. Psychological Assessment Services filed its lien on September 26, 2012. It listed its address as P.O.
Yorceli Martinez vs. Magnolia Avenue, Inc.; Netherlands Insurance Co., Administered By Golden Eagle Insurance Co.; Star Insurance Co., Administered By Illinois Midwest Insurance Agency, Llc
This case involves a lien claimant, Psychological Assessment Services, who filed a lien against Magnolia Avenue, Inc., Netherlands Insurance Co., administered by Golden Eagle Insurance Co., and Star Insurance Co., administered by Illinois Midwest Insurance Agency, LLC. The lien was dismissed for failure to pay a lien activation fee prior to the lien conference. The lien claimant then filed a petition for reconsideration, which was granted for the limited purpose of giving notice of the intention to issue a sanction of up to $1,000.00 against Psychological Assessment Services and its representative Sanee Avila, jointly and severally. The lien claimant was given 15 days to file written objections showing good cause why a sanction should not be imposed.
- Filed On:
- Court: California, Pomona
- Case No. ADJ8096523
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