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The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, as it was filed well beyond the statutory 25-day limit after receiving the Order Approving Compromise and Release. The lien claimant sought additional reimbursement based on a companion claim they allegedly did not know about during settlement negotiations. While the petition is dismissed on procedural grounds, the Board recommends it be treated as a petition to set aside at the trial level. This will allow the lien claimant to present evidence supporting their claim for good cause at a hearing.
ALFREDO ANTUNEZ vs. SCAROB, INC. & TAVARUA RESTAURANTS, INC. dba MCDONALD’S, MARKEL INSURANCE COMPANY is a workers' compensation case decided in San Diego. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Diego.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, as it was filed well beyond the statutory 25-day limit after receiving the Order Approving Compromise and Release. The lien claimant sought additional reimbursement based on a companion claim they allegedly did not know about during settlement negotiations. While the petition is dismissed on procedural grounds, the Board recommends it be treated as a petition to set aside at the trial level. This will allow the lien claimant to present evidence supporting their claim for good cause at a hearing.
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