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Regular DecisionReconsideration

CECILIA TORRES vs. EXTENDED STAY AMERICA, ZURICH AMERICA

Filed: Aug 09, 2011
Long Beach
ADJ4533694

CompFox AI Summary

In this workers' compensation case, lien claimant Dr. Charles Schwarz's lien was dismissed after he failed to appear at a status conference and did not timely object to a Notice of Intention to dismiss. Dr. Schwarz petitioned for reconsideration, alleging he mailed his objection but it was not scanned into the system due to clerical shortages. The WCJ recommended granting reconsideration, accepting the doctor's allegation and favoring a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter to the trial level for further proceedings on the lien.

Full Decision Text1 Pages

In this workers' compensation case, lien claimant Dr. Charles Schwarz's lien was dismissed after he failed to appear at a status conference and did not timely object to a Notice of Intention to dismiss. Dr. Schwarz petitioned for reconsideration, alleging he mailed his objection but it was not scanned into the system due to clerical shortages. The WCJ recommended granting reconsideration, accepting the doctor's allegation and favoring a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter to the trial level for further proceedings on the lien.

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CECILIA TORRES vs. EXTENDED STAY AMERICA, ZURICH AMERICA (2011) – Long Beach | CompFox