Home/Case Law/ARMANDO AVINA vs. ABLE SHEET METAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ARMANDO AVINA vs. ABLE SHEET METAL, STATE COMPENSATION INSURANCE FUND

Filed: Apr 12, 2011
ADJ1041436 (LAO 0832455)

CompFox AI Summary

The Appeals Board rescinded the WCJ's order dismissing a lien claimant's lien after granting reconsideration. Initially, sanctions were considered against the lien claimant for failing to appear at a lien trial. However, the Board found the lien claimant's representative was present and attempted to contact defense counsel, who did not reciprocate. Given the circumstances and the representative's timely objection to the dismissal notice, sanctions were not imposed. The matter was returned to the trial level for a hearing on the merits of the lien, if necessary.

Full Decision Text1 Pages

The Appeals Board rescinded the WCJ's order dismissing a lien claimant's lien after granting reconsideration. Initially, sanctions were considered against the lien claimant for failing to appear at a lien trial. However, the Board found the lien claimant's representative was present and attempted to contact defense counsel, who did not reciprocate. Given the circumstances and the representative's timely objection to the dismissal notice, sanctions were not imposed. The matter was returned to the trial level for a hearing on the merits of the lien, if necessary.

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ARMANDO AVINA vs. ABLE SHEET METAL, STATE COMPENSATION INSURANCE FUND (2011) – | CompFox