Scott Sattler vs. Star Hr State Compensation Insurance Fund

(SFO 0479940)This case involves a dispute between Scott Sattler, the applicant, and Star HR and the State Compensation Insurance Fund, the defendants. The defendant filed a petition seeking the removal of the matter to the Appeals Board for review of an order by a workers' compensation administrative law judge (WCJ) setting a full day lien trial on the lien of Leonard Schwartzburd, Ph.D. The defendant argued that the WCJ lacked the authority to set a hearing on Dr. Schwartzburd's lien, since his lien was dismissed with prejudice by the Appeals Board on June 18, 2013. The Appeals Board granted the petition for removal and vacated the lien trial, as the dismissal order had

STAR HR STATE COMPENSATION INSURANCE FUND SCOTT SATTLER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASCOTT SATTLER, Applicant,vs.STAR HR; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ3016059 (SFO 0479940)(Santa Rosa District Office)OPINION AND ORDER    GRANTING PETITION FOR    REMOVALAND DECISION AFTER    REMOVAL            Defendant, State Compensation Insurance Fund, on behalf of its insured, Star Staffing, has filed a petition seeking the removal of this matter to the Appeals Board for review of an order by a workers’ compensation administrative law judge (WCJ) setting a full day lien trial on the lien of Leonard Schwartzburd, Ph.D. for May 28, 2014.            Defendant contends the WCJ lacks the authority to set a hearing on Dr. Schwartzburd’s lien, since his lien was dismissed with prejudice by the Appeals Board on June 18, 2013. Defendant contends that it will be irreparably harmed if it is required to go to the time and expense of a full day lien trial, where the lien claim has already been dismissed, and that reconsideration from a final order would not be an adequate remedy.            Lien claimant has filed an answer contending defendant lacks standing to contest the issue because it did not object to the request for a trial setting conference after the notice of the lien conference was issued. Lien claimant also asserts that defendant has not been “irreparably harmed” by being required to participate in a lien trial, when compared to the harm being inflicted on lien claimant.            The WCJ has filed a Report and Recommendation on Petition for Removal, in which he recommends that removal be granted and the lien trial canceled pending the clarification of the effect a final determination in the lien activation fee case now pending before a federal District Court./ / / , I.            Applicant Scott Sattler sustained an industrial injury on February 26, 2004, while employed as a construction worker by Star Staffing. The partie

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