WCPanelIQ
PanelLienDenied

Eunice Park — ADJ1797208, ADJ2845584

EUNICE PARK, Applicant vs. COAST FEDERAL BANK; SEDGWICK care of CIGA for CALIFORNIA COMPENSATION INSURANCE COMPANY in liquidation, Defendants

ADJ number
ADJ1797208, ADJ2845584
Decision date
Sep 2, 2021
District office
Van Nuys
WCJ
Robin A. Brown
Claim administrator
Sedgwick care of CIGA for California Compensation Insurance Company (in liquidation)
Commissioners
—
LC §5311LC §4903.5LC §4903.06CCR §10960CCR §10452CCR §10622

Summary

Lien claimants David Silver, M.D. and David Bresler, Ph.D., L.Ac., filed a Petition for Removal, Petitions for Reconsideration, and a Petition for Disqualification challenging a WCJ's exclusion of their exhibits and take-nothing order on their liens against Coast Federal Bank (insured by California Compensation Insurance Company, in liquidation, handled by CIGA). After three continuances over approximately one year and four months, the lien claimants repeatedly failed to file EAMS-compliant exhibits, and the WCJ excluded the improperly filed 567 pages of exhibits and issued a take-nothing order. The WCAB dismissed the Petition for Removal as moot (because the WCJ issued a decision on June 17, 2021), and denied both Petitions for Reconsideration and the Petition for Disqualification. The Board found no due process violation given the repeated opportunities afforded, and held the disqualification petition was both factually insufficient and untimely. Additionally, the liens were dismissed by operation of law for failure to pay activation fees and certain liens were barred by the three-year statute of limitations under Labor Code section 4903.5.

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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