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PanelLienDenied

Steven Jimenez — ADJ2503928

STEVEN JIMENEZ, Applicant vs. COUNTY OF LOS ANGELES; SEDGWICK CMS, Defendants

ADJ number: ADJ2503928
Decision date: Sep 15, 2022
District office: Marina del Rey
WCJ: Jeffrey Ward
Claim administrator: Sedgwick CMS
Commissioners: —

LC §4903.05

Summary

Whittier Drugs, a pharmacy lien claimant, filed a third lien in 2017 for services allegedly provided after its prior 2012 lien, in a case that resolved by Stipulation with open medical award approved on 6/24/13. After filing a Declaration of Readiness in March 2022—about five years after its last lien—Whittier Drugs failed to timely appear at the 5/11/22 Lien Conference, leading to a Notice of Intent to Dismiss. The lien claimant's objection was filed late (7/11/22 instead of by 5/27/22) and lacked required verification, and its CCP 473 affidavit referenced the wrong hearing date. The WCJ dismissed the lien, citing untimeliness, deficient objection, an unverified ex parte email to MDR, and a documented pattern of late or non-appearance by the lien representative. The WCAB denied reconsideration, adopting and incorporating the WCJ's report.

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.