CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to rescind an order that summarily stayed a lien under Labor Code section 4615 without proper evidentiary hearing. The Board found that determining if Blue Oak Medical was "controlled" by a criminally charged individual required factual inquiry and evidence, which was lacking. This procedural defect violated the defendant's due process rights, necessitating the return of the case to the trial level for a proper adjudication of the section 4615 stay issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to rescind an order that summarily stayed a lien under Labor Code section 4615 without proper evidentiary hearing. The Board found that determining if Blue Oak Medical was "controlled" by a criminally charged individual required factual inquiry and evidence, which was lacking. This procedural defect violated the defendant's due process rights, necessitating the return of the case to the trial level for a proper adjudication of the section 4615 stay issue.
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