Home/Case Law/EMILIO GARCIA vs. FOUR SEASONS PRODUCE, AMERICAN CLAIMS SAN DIEGO
Regular DecisionReconsideration

EMILIO GARCIA vs. FOUR SEASONS PRODUCE, AMERICAN CLAIMS SAN DIEGO

Filed: Dec 09, 2013
San Francisco
ADJ7847220

CompFox AI Summary

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding an order that dismissed their lien. This dismissal was found to be a violation of due process because the WCJ failed to issue a proper Notice of Intention before dismissing the lien for non-appearance at a conference. The Board is returning the case to the trial level for the WCJ to issue a new Notice of Intention and for further proceedings. Additionally, sanctions may be imposed on the lien claimant and their representatives for frivolous conduct and delay.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding an order that dismissed their lien. This dismissal was found to be a violation of due process because the WCJ failed to issue a proper Notice of Intention before dismissing the lien for non-appearance at a conference. The Board is returning the case to the trial level for the WCJ to issue a new Notice of Intention and for further proceedings. Additionally, sanctions may be imposed on the lien claimant and their representatives for frivolous conduct and delay.

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EMILIO GARCIA vs. FOUR SEASONS PRODUCE, AMERICAN CLAIMS SAN DIEGO (2013) – San Francisco | CompFox