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PanelLienGranted

Alberdin, Eduardo

EDUARDO ALBERDIN, et al., Applicant vs. STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ2452007
Decision date: Date unavailable
District office: Lodi
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5708LC §5709LC §5900LC §5902LC §5903CCR §10517CCR §10617CCR §10955CCR §10964

Summary

Lien claimant Med-1 Medical Center, Inc. had been subject to a stay on its lien filings since January 2005. On January 21, 2020, after appellate proceedings concluded, the WCJ lifted the stay and ordered Med-1 to file all remaining liens (approximately 325, 15-year old liens) within 30 days, by February 20, 2020. Med-1 filed a letter on January 31, 2020 seeking an extension to April 10, 2020, which the WCJ treated as improper because it was unverified and not a formal petition for removal, and which the WCJ never transmitted to the Appeals Board. After a multi-year delay and trial, the WCJ found Med-1 failed to show good cause for relief. The Appeals Board granted reconsideration, holding the January 31, 2020 letter was a valid petition for removal that should have been transmitted, that the WCJ's failure to do so violated due process, and that good cause existed to extend the filing deadline to June 9, 2020.

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.