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PanelLienRemanded

Patricia Garcia — ADJ212251, ADJ7021104, ADJ7021103

PATRICIA GARCIA, Applicant vs. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT; INTERCARE INSURANCE, Defendants

ADJ number: ADJ212251, ADJ7021104, ADJ7021103
Decision date: Mar 13, 2022
District office: Anaheim
WCJ: —
Claim administrator: Intercare Insurance
Commissioners: KATHERINE ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, spine, cardiovascular system, hypertension, sleep dysfunction, psyche, neck, teeth, jaw, head, legs, lower extremities

LC §5313LC §5502CCR §10625CCR §10761CCR §10940CCR §10510CCR §10562

Summary

Lien claimant Yury B. Geylikman PC dba Dental Injury Center sought reconsideration of a February 10, 2020 Order dismissing its lien for non-appearance at a lien trial. The WCJ had issued the dismissal Order without holding a hearing, taking no testimony, filing no minutes, and providing no summary of evidence relied upon. The Appeals Board found that the Order violated Labor Code section 5313 and due process requirements because there was no evidentiary record from which the Board could evaluate the basis of the dismissal. The Board rescinded the Order and remanded the matter to the WCJ for further proceedings including a proper hearing and issuance of a new decision.

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.