WCPanelIQ
PanelLienGranted

Silvera, Jonathan

JONATHAN SILVERA, Applicant vs. J HOWARD IV, LLC dba PRIME PIZZA; HARTFORD CASUALTY INSURANCE COMPANY, administered by THE HARTFORD, Defendants

ADJ number
ADJ16635028
Decision date
Apr 13, 2025
District office
Long Beach
WCJ
—
Claim administrator
The Hartford (Hartford Casualty Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche

LC §5909LC §5900LC §5313LC §5506CCR §10600CCR §10515CCR §10787CCR §10803CCR §10750CCR §10832

Summary

Lien claimant Premier Psychological Services sought reconsideration of a WCJ's January 13, 2025 Order dismissing its lien after lien claimant failed to appear at a December 5, 2024 lien conference due to an in-house clerical scheduling error. The WCJ issued a notice of intention to dismiss, lien claimant filed a timely objection explaining the mistake, but the WCJ dismissed the lien anyway without holding a hearing or creating an evidentiary record. The Appeals Board found the dismissal violated due process because the lien was dismissed without notice and an opportunity to be heard, and because there was no MOH/SOE, no admitted evidence, and no stipulations in the record. The Board granted reconsideration, rescinded the dismissal Order, and returned the matter to the trial level for further proceedings, recommending a hearing where parties can frame issues, submit evidence, and make arguments.

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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