Home/Case Law/ELVIRA ESCOBEDO vs. WATERIA (YESONE CORPORATION), CHARTIS INSURANCE COMPANY
Regular DecisionReconsideration

ELVIRA ESCOBEDO vs. WATERIA (YESONE CORPORATION), CHARTIS INSURANCE COMPANY

Filed: Jun 06, 2011
San Francisco
ADJ2800266 (VNO 0541906)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was dismissed by the administrative law judge (ALJ). The dismissal occurred because the lien claimant's attorney of record did not receive notice of intention to dismiss and the subsequent dismissal order, violating due process. The WCAB found the petition for reconsideration to be timely because the 20-day period to file began from when the attorney actually learned of the dismissal. The matter was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was dismissed by the administrative law judge (ALJ). The dismissal occurred because the lien claimant's attorney of record did not receive notice of intention to dismiss and the subsequent dismissal order, violating due process. The WCAB found the petition for reconsideration to be timely because the 20-day period to file began from when the attorney actually learned of the dismissal. The matter was returned to the trial level for further proceedings.

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ELVIRA ESCOBEDO vs. WATERIA (YESONE CORPORATION), CHARTIS INSURANCE COMPANY (2011) – San Francisco | CompFox