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PanelLienGranted

Schneider, David

DAVID SCHNEIDER, Applicant vs. CORA CONSTRUCTORS; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ1993931
Decision date: Jun 7, 2023
District office: Riverside
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, NATALIE PALUGYAI, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5313CCR §10832CCR §10803CCR §10880CCR §10888

Summary

Lien claimant Superior Med Surgical, Inc. filed a $3,325.65 lien in the underlying case, which settled by Compromise and Release with an OACR issued May 30, 2013. After lien claimant failed to appear at an August 17, 2022 lien conference, the WCJ issued a Notice of Intention to Dismiss the lien. Lien claimant filed an objection on August 26, 2022, but the EAMS record showed it was filed in the wrong case and thus did not appear in FileNet, so the WCJ dismissed the lien on September 6, 2022. The Board first addressed its untimely action under Labor Code section 5909, applying Shipley to find the 60-day period tolled. On the merits, the Board found that because the misfiled objection was never considered, the record was insufficient under Hamilton to evaluate the WCJ's order, so it granted reconsideration, rescinded the dismissal order, and returned the matter to the trial level.

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.