PanelLienGranted
Fernando Gutierrez — ADJ939270, ADJ4531595
FERNANDO GUTIERREZ (deceased), Applicant vs. HENRY RADIO; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH AMERICA INSURANCE, in liquidation, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES AND GOLDEN EAGLE INSURANCE administered by LIBERTY MUTUAL INSURANCE, Defendants
- ADJ number
- ADJ939270, ADJ4531595
- Decision date
- May 14, 2026
- District office
- Marina del Rey
- WCJ
- —
- Claim administrator
- Sedgwick Claims Management Services (for CIGA/HIH America Insurance in liquidation); Liberty Mutual Insurance (administering Golden Eagle Insurance)
- Commissioners
- JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER
Injury / body parts: wrist, back, circulatory system, nervous system, unclassified
LC §5909LC §5900LC §5313LC §5908.5CCR §10888CCR §10832CCR §10628CCR §10964CCR §10850
Summary
Lien claimant Dental Trauma Center sought reconsideration of a single Joint Order dismissing 17 liens across two unconsolidated cases (ADJ939270 and ADJ4531595) for failure to prosecute under WCAB Rule 10888(b). The Board found the underlying Notice of Intention (NIT) failed to identify with particularity the basis for dismissing each individual lien, violating due process. Because the NIT was void, the Order based on it was also void. The Board further found the Order was improperly designated for service (in violation of Rule 10628 requiring WCAB service of final orders) and failed to provide the reasons/evidence required by Labor Code section 5313 and Hamilton. The Board granted reconsideration and vacated the Order of Dismissal.
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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