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PanelLienGranted

Gaston, Gena

GENA GASTON, Applicant vs. COUNTY OF LOS ANGELES PROBATION DEPT, permissibly self-insured, administrated by SEDGWICK CMS, Defendants

ADJ number: ADJ14094875
Decision date: Apr 24, 2025
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick CMS (administrator for permissibly self-insured County of Los Angeles Probation Dept)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5909LC §5900LC §5903LC §5904LC §5313LC §5504LC §5506CCR §10888CCR §10605CCR §10610CCR §10615CCR §10625CCR §10628CCR §10832CCR §10205.5

Summary

Lien claimant Unicare Surgery Center, through non-attorney representative ARZ Lien Solutions, sought reconsideration of a September 16, 2024 Order dismissing its lien with prejudice for failure to appear at an August 22, 2024 lien conference. The notice of hearing had been returned as undeliverable ('box closed,' 'unable to forward'), and the lien claimant's representative was never served with the Order of dismissal. The WCAB found the failure to serve the Order constituted a fundamental due process violation rendering the dismissal void on its face, and that the Petition was therefore timely. The Board granted reconsideration, rescinded the dismissal Order, and returned the matter to the WCJ for further proceedings, including a hearing to develop a record on the disputed service issues.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.