News and Insights

MARIA ROCHA vs. OKAMI FOODS; ZENITH INSURANCE

OKAMI FOODS; ZENITH INSURANCE MARIA ROCHA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ROCHA, Applicant,vs.OKAMI FOODS; ZENITH INSURANCE, Defendants.Case Nos. ADJ3158595 (LAO 0885593)ADJ3522218 (LAO 0885594)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Lien claimant, Farahnaz Jalali Chiropractic (lien claimant), seeks reconsideration of the Order issued by the workers’ compensation administrative law judge (WCJ) on August 13, 2012, wherein the WCJ dismissed its liens for medical treatment because it failed to appear at the lien trial. Previously, on June 19, 2012 a Notice of Intention to Dismiss Liens/Balances issued. In the underlying case, an Order Approving Compromise and Release issued on September 21, 2011, resolving applicant’s claims that, while employed as a production worker, on August 25, 2011 (ADJ3158595), she sustained industrial injury to her wrists and fingers, and from July 1, 2005 to January 1, 2006 (ADJ3522218) to her wrists, fingers, upper extremities, neck, and psyche.            Lien claimant contends that the WCJ erred in dismissing its lien, arguing that its representative, Eduardo Agustin, failed to appear due to illness, and that it is preferable for cases to be heard on the merits rather than on matters of procedure or technicalities.1/ / / 1 We note that lien claimant’s representative has violated Appeals Board Rule 10848 (Cal. Code Regs., tit. 8, § 10848) by attempting to file, without our permission or request, a supplemental pleading after the Petition for Reconsideration was filed. This supplemental pleading is neither accepted nor deemed filed. ,             We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons set forth herein, we will grant reconsideration, rescind the August 1

SUBSCRIBE NOW

Join our community and never miss an update. Stay connected with cutting-edge insights and valuable resources.

Recent Article

Recent Article

Leave a Comment

Your email address will not be published. Required fields are marked *