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PanelLienDenied

Dalila Lopez — ADJ9602230

DALILA LOPEZ, Applicant vs. TRI-STATE EMPLOYMENT SERVICES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for LUMBERMEN’S UNDERWRITING ALLIANCE, in liquidation, Defendants

ADJ number: ADJ9602230
Decision date: Apr 12, 2021
District office: Los Angeles
WCJ: —
Claim administrator: California Insurance Guarantee Association (CIGA) for Lumbermen's Underwriting Alliance, in liquidation
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §5705LC §3202.5CCR §10507CCR §10605CCR §10421

Summary

The Prescription Center Pharmacy, a lien claimant, failed to appear at an August 1, 2019 lien conference, prompting the WCJ to issue a Notice of Intention to Dismiss Lien for Non-Appearance (NIT). The NIT was served by mail on August 8, 2019, giving lien claimant until August 23, 2019 (10 days plus 5 for mailing) to object, but the objection was not filed until September 6, 2019, making it 14 days late. The WCJ dismissed the lien on December 26, 2019, and lien claimant sought reconsideration, claiming its objection was timely and seeking relief under Code of Civil Procedure section 473(b). The Board found the objection untimely and held that lien claimant failed to submit the sworn affidavit of mistake, inadvertence, surprise, or neglect required to obtain section 473(b) relief. The Board affirmed the Order Dismissing Lien.

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.