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PanelLienGranted

Velazquez, Maria Reyna

MARIA REYNA VELAZQUEZ, Applicant vs. CLIFFSIDE MALIBU, A CALIFORNIA CORPORATION; BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ11388750
Decision date: Dec 1, 2024
District office: Santa Ana
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: shoulder, neck, arm, back

LC §5909LC §5900LC §5904CCR §10955CCR §10396

Summary

Lien claimant Bell Community Medical Group sought reconsideration of a WCJ's September 3, 2024 Findings and Order staying its lien in ADJ11388750 based on Dr. Bazelyansky's invocation of his Fifth Amendment rights at deposition and alleged failure to cooperate with discovery. Unbeknownst to the WCJ and lien claimant, this lien had previously been consolidated for discovery purposes in a special lien proceeding (SAU13697043) by an Order of Consolidation issued August 16, 2024. The Appeals Board determined that once the consolidation order issued, jurisdiction over discovery issues lay with the Presiding WCJ in the consolidated proceeding, rendering the trial WCJ's stay order unenforceable. Treating the petition under the removal standard because petitioner challenged only the interlocutory stay portion of a hybrid decision, the Board found significant prejudice would result. The Board granted the petition and vacated the September 3, 2024 F&O.

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.

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.