Zobeida Alva vs. Oxford Villa; Firstcomp Omaha

In this case, the Workers' Compensation Appeals Board dismissed lien claimant's, SAI Professional Services, Petition for Reconsideration, granted removal on their own motion, and issued a notice of intention to impose a sanction of $750.00 against lien claimant and its representative, Betty Rezmer. As the lien claimant and its representative failed to file any response, the Board imposed a sanction of $750.00 against lien claimant, SAI Professional Services, and its representative, Betty Rezmer, jointly and severally.

Oxford Villa; Firstcomp Omaha Zobeida Alva WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZOBEIDA ALVA, Applicant,vs.OXFORD VILLA; FIRSTCOMP OMAHA, Defendants.Case No. ADJ3415468 (AHM 0146168)OPINION AND DECISION AFTER REMOVAL; AND ORDER IMPOSING SANCTIONS (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561)            On November 5, 2012, we dismissed lien claimant’s, SAI Professional Services (lien claimant’s), Petition for Reconsideration, granted removal on our own motion, and pursuant to a grant of authority under Labor Code section 5813 and Appeals Board Rule 10561 (Cal. Code Regs., tit. 8. § 10561), we also issued a notice of our intention to impose a sanction of $750.00, jointly and severally against lien claimant and its representative, Betty Rezmer. We allowed 15 days, plus five days for mailing, in which to file an objection showing good cause as to why we should not impose the sanction. As explained in our decision dated November 5, 2012, which we incorporate herein, the basis for our notice of intention to impose a sanction was to address lien claimant’s frivolous action of filing a Petition for            Reconsideration that contains willful misrepresentations of the record. We also addressed lien claimant’s failure to appear at a lien trial without good cause, and its contentions regarding its alleged inability to sign in at the March 28, 2012 hearing and the alleged non-service of the NIT, both of which were contradicted by the record. ,             The fifteen (15) day time period from the November 5, 2012, date of service of the Notice of Intention to Impose Sanctions plus the additional five (5) days for mailing has now expired and lien claimant and its representative, Betty Rezmer, have failed to file any response.            Therefore, as our Decision After Removal, for the reasons previously stated in the Opinion and Notice of Intention to Impose Sanctions dated November 5, 2012, sanctions are assessed against lien claimant, SAI P

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