WCPanelIQ
PanelLienGranted

Sanchez, Librada

LIBRADA SANCHEZ, Applicant vs. GOODWILL INDUSTRIES; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10107934
Decision date
Feb 20, 2025
District office
Oakland
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering for Redwood Fire and Casualty Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909LC §5900LC §5813CCR §10629CCR §10205.5CCR §10401CCR §10421

Summary

Lien claimant Express Interpreters (EI), represented by Lee Caballero, sought reconsideration of a November 27, 2024 Order Dismissing its lien in Case No. ADJ10107934 for failure to appear at an August 19, 2024 status conference. EI argued its due process rights were violated because Caballero was never served with the Notice of Intention (NOI) to dismiss. The Board found that although Caballero failed to file a Notice of Representation in the correct case number, his earlier-filed Objection should have triggered placement on the Official Address Record (OAR), and that the August 19, 2024 NOI bore both case numbers—ADJ10107934 and ADJ3942025—with Caballero listed on the OAR for the latter. Because defendant Goodwill served the NOI only on the parties listed for ADJ10107934 and omitted Caballero, service was defective. The Board granted reconsideration, rescinded the Order Dismissing, and returned the matter to the WCJ, while admonishing Caballero for repeated lack of care that risked sanctions.

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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