Home/Case Law/EFRAIN CERVANTES vs. EXCEL CONSTRUCTION, ZURICH INSURANCE COMPANY
Regular DecisionReconsideration

EFRAIN CERVANTES vs. EXCEL CONSTRUCTION, ZURICH INSURANCE COMPANY

Filed: Oct 17, 2013
Los Angeles
ADJ7626540, ADJ7626544

CompFox AI Summary

The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of Preferred Scan's lien. Although Preferred Scan paid its lien activation fee on the morning of the lien conference, the WCJ dismissed the lien due to no proof of payment being available at the conference. The Board found the payment timely and the EAMS system's delayed reflection of payment not Preferred Scan's fault. The case is returned to the trial level for further proceedings, including potential dismissal notice or sanctions for the failure to appear.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of Preferred Scan's lien. Although Preferred Scan paid its lien activation fee on the morning of the lien conference, the WCJ dismissed the lien due to no proof of payment being available at the conference. The Board found the payment timely and the EAMS system's delayed reflection of payment not Preferred Scan's fault. The case is returned to the trial level for further proceedings, including potential dismissal notice or sanctions for the failure to appear.

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