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Guillermo Martinez vs. Flywheel Service And Specialty Co.; State Compensation Insurance Fund

Flywheel Service And Specialty Co.; State Compensation Insurance Fund Guillermo Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUILLERMO MARTINEZ, Applicant,vs.FLYWHEEL SERVICE AND SPECIALTY CO.; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4253677 (LAO 0856869)OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant, State Compensation Insurance Fund (SCIF) has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated April 9, 2013, wherein the workers’ compensation administrative law judge (WCJ) took this matter off calendar. SCIF contends that the WCJ should have dismissed the liens of Advanced Radiology and National Healthworks, Inc. (LCs) for failure to pay the lien activation fee required by Labor Code section 4903.06.1 We have not received answers from LCs.            Applicant settled his case by Compromise and Release approved on May 24, 2010. There were numerous liens. There was a lien conference on October 16, 2012. The conference was attended by SCIF only. The WCJ noted: “EAMS lien list has liens listed today that were not on the list 2 days ago. Appears to be an EAMS bug.” The case was continued to another lien conference on April 9, 2013. SCIF was designated to serve notice of the new lien conference on all parties. LCs did not appear at the lien conference on April 9, 2013.            Section 4903.06(c)(4) provides: “All lien claimants that did not file the declaration of readiness to proceed and that remain a lien claimant of record at the time of the lien conference shall submit proof 1 Unless otherwise specified, all statutory references are to the Labor Code. , of payment of the activation fee at the lien conference. If the fee has not been paid or no proof of payment is available, the lien shall be dismissed with prejudice.”            The problem here is that there is no evidence that LCs received notice of the lien conference on April 9, 2013. As the WCJ has p

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