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PanelLienGranted

Garcia, Rosalba

ROSALBA GARCIA, Applicant vs. J6 DESIGNS, INC.; TECHNOLOGY INSURANCE COMPANY, administered by AMTRUST, Defendants

ADJ number: ADJ16292687
Decision date: Apr 21, 2025
District office: Van Nuys
WCJ: —
Claim administrator: AmTrust (administering Technology Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5909LC §5900LC §5506LC §5313CCR §10628CCR §10629CCR §10787CCR §10803

Summary

Lien claimant Oracle Imaging sought reconsideration of a December 18, 2024 Order dismissing its lien after it failed to appear at a July 16, 2024 lien conference. The WCJ had issued a notice of intention to dismiss (NIT) on July 16, 2024, but it was not served until October 29, 2024, and Oracle Imaging's non-attorney representative stated it never received the dismissal notice. The Board found the failure to properly serve the NIT violated WCAB Rules and constituted a fundamental due process violation, rendering the dismissal Order void on its face. The Board also noted the WCJ improperly designated AMTRUST (a party) to serve the final Order of dismissal in violation of WCAB Rule 10628. The Board granted reconsideration, rescinded the dismissal Order, and returned the matter to the trial level for further proceedings.

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.

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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.