LUIS CASTANEDA vs. VALLEY TODECO ESIS WEST WC CLAIMS CHATSWORTH

(VNO 0474292), ADJ273175 (VNO 0474293), and ADJ2241790 (VNO 0474295) were three workers' compensation cases in which co-defendants ESIS West WC Claims and Chartis Insurance filed a joint petition for removal. The Appeals Board granted the petition and rescinded the Order Vacating Dismissal of Lien from Coast Plaza Doctors Hospital, affirmed the Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee, and affirmed the denial of defendant's request to keep discovery closed as to Beverly Hills Pharmacy. The matter was returned to the trial level to be set for lien trial on the lien of Beverly Hills Pharmacy.

VALLEY TODECO ESIS WEST WC CLAIMS CHATSWORTH LUIS CASTANEDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS CASTANEDA, Applicant,vs.VALLEY TODECO; ESIS WEST WC CLAIMSCHATSWORTH, Defendants.Case Nos. ADJ27298O (VNO 0474292)ADJ273175 (VNO 0474293)ADJ2241790 (VNO 0474295)(Van Nuys District Office)OPINION AND ORDER    GRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL            Co-defendants, ESIS West WC Claims (ESIS), and Chartis Insurance (Chartis) have filed a timely, verified Joint Petition for Removal. ESIS requests that the Appeals Board rescind the Order Vacating Dismissal of Lien from Coast Plaza Doctors Hospital (Coast) Pursuant to §10859 dated September 24, 2013. Chartis requests that the Appeals Board reverse the denial of its request “to keep discovery closed” with regard to the lien of Beverly Hills Pharmacy (Beverly), recorded in the Minutes of Hearing dated September 24, 2013. We have not received any response from either lien claimant.            There was a lien conference in these matters on August 15, 2013. Some liens were allowed by stipulation. Others were dismissed for failure to pay the lien activation fee mandated by Labor Code section 4903.06.1 Among the liens dismissed was the lien of Coast.            With regard to the lien of Coast, Coast filed its lien on August 14, 2013. It paid its filing fee pursuant to section 4903.05(c)(1) on August 16, 2013. Coast did not make an appearance at the lien conference on August 15, 2013. Its lien was dismissed “for failure to pay lien activation fee.” The Order Dismissing Lien Claim was served by the attorney for Chartis on August 20, 2013. The proof of service was filed in EAMS./// 1 Unless otherwise specified, all statutory references are to the Labor Code. ,             On September 18, 2013, twenty-nine days after service of the Order Dismissing Lien Claim, Coast filed a petition for reconsideration. Coast contended that its payment of the “lien activation fee” was timely. It also cont

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