Home/Case Law/ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT
Regular DecisionReconsideration

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

Filed: Aug 26, 2019
Oxnard
ADJ6961731 ADJ6959844 ADJ6959868

CompFox AI Summary

This case concerns a timely filed Petition for Reconsideration by the defendant, Imperium Insurance Company, regarding a WCJ's order dismissing liens. The Appeals Board vacated its previous dismissal order, finding the petition was timely under WCAB Rule 10507(a)(2) due to the defendant's out-of-state address. The Board also rescinded the WCJ's findings and returned the matter for further proceedings. The core issue is whether the equitable doctrine of laches applies to lien claimants who failed to file required declarations under Labor Code section 4903.8(d) for pre-2013 liens.

Full Decision Text1 Pages

This case concerns a timely filed Petition for Reconsideration by the defendant, Imperium Insurance Company, regarding a WCJ's order dismissing liens. The Appeals Board vacated its previous dismissal order, finding the petition was timely under WCAB Rule 10507(a)(2) due to the defendant's out-of-state address. The Board also rescinded the WCJ's findings and returned the matter for further proceedings. The core issue is whether the equitable doctrine of laches applies to lien claimants who failed to file required declarations under Labor Code section 4903.8(d) for pre-2013 liens.

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