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PanelLienDismissed

Lopez, Concepcion

CONCEPCION LOPEZ, Applicant vs. NATURAL PRODUCTS GROUP, LLC; NORTH RIVER INSURANCE, administered by LIBERTY MUTUAL and CRUM & FORSTER, Defendants

ADJ number: ADJ6785524
Decision date: May 25, 2023
District office: Santa Ana
WCJ: —
Claim administrator: Liberty Mutual and Crum & Forster (administering North River Insurance)
Commissioners: PATRICIA A. GARCIA, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §4903LC §5300LC §5301LC §5702CCR §10205.10CCR §10205.12CCR §10206.2CCR §10305CCR §10600CCR §10610CCR §10615CCR §10670CCR §10803

Summary

Lien claimant Beverly Hills Pharmacy's lien for $140,671.36 was found by the WCJ to have been settled for $1,200 via a series of text messages with defendants. The Board issued a Notice of Intention to Dismiss requiring proof the petition for reconsideration was timely filed, but the pharmacy failed to respond within the jurisdictional 15-day period (extended to the next business day, June 12, 2023). Because the time limit is jurisdictional, the Board dismissed the petition. However, the Board noted that had it retained jurisdiction, it would have granted reconsideration and reversed the WCJ, because the text messages did not establish a valid contract with mutual consent, and no written settlement was submitted to or approved by a WCJ as required by Labor Code section 5702. The Board vacated its earlier September 29, 2022 order granting reconsideration and dismissed the petition.

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.