Home/Case Law/ELMER FERNANDEZ vs. DUNCAN BOLT COMPANY, TOKIO MARINE MANAGEMENT, INC.
Regular DecisionReconsideration

ELMER FERNANDEZ vs. DUNCAN BOLT COMPANY, TOKIO MARINE MANAGEMENT, INC.

Filed: Feb 18, 2014
Los Angeles
ADJ7942666; ADJ7942662

CompFox AI Summary

This case concerns a lien claimant, Post-Surgical Rehab Specialists, seeking reconsideration of a dismissal order for failing to appear at a lien trial. The Appeals Board granted reconsideration, affirming the dismissal in ADJ7942666 due to multiple missed appearances. However, the dismissal was amended to strike ADJ7942662 because that claim was not included in a prior notice of intention to dismiss. The Board adopted the WCJ's reasoning, finding the claimant's asserted neglect excusable for ADJ7942662 but not for ADJ7942666.

Full Decision Text1 Pages

This case concerns a lien claimant, Post-Surgical Rehab Specialists, seeking reconsideration of a dismissal order for failing to appear at a lien trial. The Appeals Board granted reconsideration, affirming the dismissal in ADJ7942666 due to multiple missed appearances. However, the dismissal was amended to strike ADJ7942662 because that claim was not included in a prior notice of intention to dismiss. The Board adopted the WCJ's reasoning, finding the claimant's asserted neglect excusable for ADJ7942662 but not for ADJ7942666.

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