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PanelLienDismissed

Galindo, Elcar

ELCAR GALINDO, Applicant vs. JOBSOURCE COMMERCE INC., illegally uninsured; PRECISION WIRE PRODUCTS, INC.; TRAVELERS PROPERTY CASUALTY CO OF AMERICA, Defendants

ADJ number: ADJ18606422
Decision date: Mar 4, 2025
District office: Pomona
WCJ: Charles Bentley
Claim administrator: Travelers Property Casualty Co of America
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: Right Arm, Right Shoulder

LC §5909LC §5900CCR §10600

Summary

Lien claimant Spectrum Medical Group filed a Petition for Reconsideration challenging the WCJ's December 19, 2024 approval of a $30,000 Compromise and Release between welder Elcar Galindo and defendants, where the C&R included language (Paragraph 8) that Travelers was not responsible for any liens. The WCJ recommended dismissing the petition as premature because the record contained nothing regarding the lien claimant's assertions, and recommended treating it as a petition to set aside the settlement. The WCAB first confirmed it acted timely under amended Labor Code section 5909, finding the case was transmitted on January 14, 2025 with the 60-day period running to March 17, 2025. The Board adopted the WCJ's Report and dismissed the petition, directing that upon return the WCJ set a hearing and address the petition as one to set aside the C&R.

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.