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PanelMed-legalLienGranted

Cornejo, Dorina

DORINA CORNEJO, Applicant vs. SEARS HOLDINGS CORPORATION; ACE AMERICAN INSURANCE COMPANY, as administered by ESIS, INC., Defendants

ADJ number: ADJ7580462
Decision date: Mar 10, 2025
District office: Oxnard
WCJ: —
Claim administrator: ESIS, Inc. (administering for ACE American Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §4903LC §4903.05LC §4903.06LC §4903.8LC §4600LC §4603.6LC §4610LC §4610.5LC §5900LC §5909CCR §10770.7

Summary

Lien claimant Supreme Copy Service, Inc., a copy service, filed a lien for medical-legal services in 2012 but failed to file the declaration required by Labor Code section 4903.05(c). The WCJ found the lien remained withdrawn and that lien claimant engaged in sanctionable conduct. On reconsideration, the WCAB held that because lien claimant never filed the required declaration, the lien was dismissed by operation of law by July 3, 2017, depriving the WCAB of jurisdiction. Since the lien was already dismissed, the WCJ should never have set the matter for trial, and defendant should have withdrawn its DOR upon realizing the dismissal. The Board granted reconsideration, rescinded the Findings, and substituted findings that the lien was dismissed by operation of law and that defendant's sanctions petition was moot.

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.