WCPanelIQ
PanelLienGranted

Maria Guadalupe Tafoya — ADJ11357027

MARIA GUADALUPE TAFOYA, Applicant vs. R A FARMS LABOR SERVICES; AMTRUST CONCORD, Defendants

ADJ number
ADJ11357027
Decision date
Mar 1, 2023
District office
Bakersfield District Office
WCJ
—
Claim administrator
Risico/Amtrust (administering for Security National Insurance Company)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5313

Summary

Lien claimant Del Carmen Medical Center petitioned for reconsideration of an August 5, 2022 Order Dismissing its lien without prejudice for lack of prosecution, arguing due process violations because it had been actively negotiating, requested discovery, was not served with the underlying C&R order, and filed an untimely objection to the Notice of Intent to Dismiss before the dismissal date. The Board granted reconsideration and referred the parties to a commissioners' settlement conference. The parties subsequently executed a February 9, 2023 stipulation settling the $8,288.00 lien (for self-procured treatment) for $2,500.00 as full and final satisfaction, with payment due within 30 days. The Board rescinded the August 5, 2022 Order of Dismissal and approved the stipulation, commending the parties for resolving the matter in good faith.

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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