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PanelLienGranted

Silvestri, Joe

JOE SILVESTRI, Applicant vs. UNION ENGINEERING; C&S PIPELINE; DW BURHOE CONSTRUCTION, Defendants

ADJ number: ADJ1848273
Decision date: Nov 19, 2023
District office: Oxnard
WCJ: —
Claim administrator: CNA Claims (CNA Casualty of California); Golden Eagle
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §4903.05LC §5300LC §5304LC §5313LC §5506LC §5701LC §5906CCR §10610CCR §10615CCR §10625CCR §10628CCR §10787CCR §10872

Summary

Lien claimant Alan Moelleken, M.D., through representative Billing Dynamics, sought reconsideration of an August 30, 2023 Order dismissing his lien with prejudice in case ADJ1848273 based on a non-appearance at a July 27, 2023 lien conference. The lien conference had actually been set in companion case ADJ1686013 (pursuant to a DOR filed there), but the Notice of Intention to Dismiss and resulting Order issued only in ADJ1848273, and critically, were served only on Dr. Moelleken, CNA, and defense counsel—never on lien claimant's representative Billing Dynamics. The Board found this raised due process concerns because the lien claimant's representative was never served with the Notice of Intention. Citing the strong public policy favoring disposition on the merits, the Board granted reconsideration, rescinded the dismissal order in ADJ1848273, and returned the matter to the WCJ for further proceedings, recommending a lien conference on the merits in ADJ1686013.

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.