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RIGOBERTO ITURBIDE vs. WOLFE & KINSLER; PACIFIC COAST LABOR; STATE COMPENSATION INSURANCE FUND

WOLFE & KINSLER; PACIFIC COAST LABOR; STATE COMPENSATION INSURANCE FUND RIGOBERTO ITURBIDE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARIGOBERTO ITURBIDE, Applicant,vs.WOLFE & KINSLER; PACIFIC COAST LABOR; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2644699 (OXN 0127883)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION ANDGRANTING REMOVAL; NOTICE OF INTENTION TO ISSUE SANCTION            Lien claimant Dr. Kevin Aminian, through his representative Ted Durden of Durden & Associates, petitions for reconsideration of the Order Overruling Objection / Order Dismissing Lien served on August 15, 2012. In that decision, the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien for failure to show good cause why lien claimant did not appear at a January 10, 2012 lien conference.            Lien claimant contends that the WCJ should not have dismissed the lien, arguing that lien claimant was never given notice of the lien conference.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on lien claimant’s Petition for Reconsideration (“Report”). For the reasons set forth below, we will dismiss the Petition, grant removal on our own motion, and give notice of our intent to sanction Dr. Kevin Aminian, Durden & Associates, and Ted Durden, jointly and severally, in an amount up to $1,500.00.            The Minutes of Hearing from January 10, 2012 show that lien claimant did not appear at the lien conference. The WCJ therefore issued a Notice of Intent to Dismiss Lien on the same day; a proof of service shows that the notice of intent was served on lien claimant by defendant, State Compensation Insurance Fund, on January 25, 2012. On February 7, 2012, lien claimant filed an objection to the notice, , admitting that lien claimant was not present for the January 10, 2012 lien conference b

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