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PanelLienDismissed

Pineda Contreras, Marvin

MARVIN PINEDA CONTRERAS, Applicant vs. SOUTHWEST PLASTERING, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ17569878
Decision date: Apr 27, 2025
District office: Riverside
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, arms, hands, fingers, right groin, hernia

LC §5909LC §5900LC §5803LC §5804CCR §10888CCR §10875CCR §10770.1CCR §10877CCR §10880CCR §10600

Summary

Lien claimant Oracle Imaging Riverside sought reconsideration of a December 23, 2024 Order Dismissing Lien, which dismissed its $9,100 imaging lien after Oracle failed to attend a November 4, 2024 lien conference and failed to object to the WCJ's Notice of Intention to dismiss. Oracle argued it never received proper notice of the hearing because its P.O. Box had been flagged as a 'bad address,' resulting in an unintentional failure to attend. The Appeals Board first addressed timeliness under amended Labor Code section 5909, finding it acted within 60 days of case transmission. On the merits, the Board concluded that Oracle's petition, in substance, sought to set aside the Order rather than seek reconsideration, making the Petition premature. The Board dismissed the Petition and returned the matter to the trial level for the WCJ to consider it as a petition to set aside.

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.