Diego Botello, vs. D.h. Smith Company, Inc. And Argonaut Insurance Company,
In this case, Diego Botello, the applicant, filed a claim for an industrial injury to his head, back, and spine. The parties resolved the claim with a stipulation that the injury caused permanent disability of 55%. Lien claimant Deco Interpreting, LLC, through its representative Cole Consulting San Jose, then filed a Petition for Removal and an amended lien on behalf of lien claimant. The Petition for Removal was denied and the Petition for Removal was dismissed as removal was not available at the time and reconsideration was an adequate remedy. The WCJ’s June 16, 2009 Order was justified and the Petition for Reconsideration was denied.
