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PanelLienGranted

Martha Perez Zuniga — ADJ2136048

MARTHA PEREZ ZUNIGA, Applicant vs. FLYING FOOD GROUP, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ2136048
Decision date: Feb 7, 2021
District office: Los Angeles
WCJ: Daniel A. Dobrin
Claim administrator: Liberty Mutual Insurance Company
Commissioners: —

Injury / body parts: orthopedic (various body parts)

CCR §10888CCR §10961

Summary

Lien claimant Oscar Galdamez, who provided home care services to applicant Martha Perez Zuniga and was represented by Graiwer & Kaplan (the same firm representing applicant), sought reconsideration of a November 23, 2020 order dismissing his lien for failure to appear at a December 9, 2019 lien conference. The WCJ acknowledged that Graiwer & Kaplan in fact appeared at the conference (signing in on the applicant's attorney line) and that the defendant never served the notice of intent to dismiss on Galdamez's attorneys of record, only on Galdamez himself. The WCJ originally intended to vacate the dismissal under Rule 10961(b) but failed to serve the proposed order within the 15-day deadline due to clerical/COVID-related staffing issues. The WCAB adopted the WCJ's report, granted reconsideration, rescinded the dismissal order, and returned the matter to the trial level for further proceedings on the merits.

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.