Dena Tullio vs. Behavioral Health Services; Zenith

In this case, the WCJ issued an Order Dismissing Lien on March 16, 2011 after the lien claimant failed to appear at the scheduled trial date. The WCAB affirmed the Order Dismissing Lien after the petitioner failed to provide good cause for not dismissing the lien. The petitioner had received ample due process but waived their right to have their lien heard on the merits.

Behavioral Health Services; Zenith Dena Tullio , “case-in-chief was unresolved no closing order, so we did not attend the scheduled trial date, furthermore no attempts were made to contact lien claimant to discuss resolution of the lien.”            On March 16, 2011, the WCJ issued the Order Dismissing Lien disputed here. The Order included the statement that “if a response was received, it did not show good cause for not dismissing the lien.” We agree.            WCAB Rule 10562(e)(1) provides that where a lien claimant served with notice of a trial fails to appear, the WCJ may dismiss the lien claim after issuing a ten (10) day notice of intention to dismiss with or without prejudice. (8 Cal. Code. Regs. §10562, WCAB Rules of Practice and Procedure.)            In this case, the WCJ properly followed the foregoing rule and dismissed petitioner’s lien. The petition for reconsideration herein does not state that petitioner failed to receive notice of the trial or the NIT to dismiss its lien. Petitioner merely asserts that “the information provided by EDEX is that the case-in-chief was not resolved and the presence of lien claimant at the hearing was not required.”            However, looking in EDEX and relying on this information does not constitute “good cause” for relief from the dismissal of petitioner’s lien. In November 2009, defendant filed a Declaration of Readiness to Proceed (DOR), which stated that liens are the issue and that applicant’s case-in-chief was dismissed. The DOR was served upon Innovative Medical Management and Universal Psychiatric Medical Center. Furthermore, a representative appeared for Universal Psychiatric at subsequent conferences and completed a Mandatory Settlement Conference (MSC) statement on February 23, 2010, at which time this matter was set for lien trial. The matter was then continued on several occasions. As noted above, petitioner does not claim that it failed to receive notice of the February 1, 2011 trial, only that pet

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.