CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a July 13, 2017 Minute Order that dismissed a lien claimant's claim with prejudice due to failure to file a required Labor Code section 4903.05 declaration. The Board found that the lien claimant, Citywide Scanning Service, Inc., should have been afforded an evidentiary hearing to present evidence regarding an alleged software error causing their oversight. This hearing is to determine if the failure to file was due to mistake, inadvertence, surprise, or excusable neglect. The matter is returned to the trial level for this hearing and a new decision by the WCJ.
ESMERALDA ORTIZ vs. DIVERSIFIED MAINTENANCE SYSTEMS, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA is a workers' compensation case decided in Marina Del Rey. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Marina Del Rey.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a July 13, 2017 Minute Order that dismissed a lien claimant's claim with prejudice due to failure to file a required Labor Code section 4903.05 declaration. The Board found that the lien claimant, Citywide Scanning Service, Inc., should have been afforded an evidentiary hearing to present evidence regarding an alleged software error causing their oversight. This hearing is to determine if the failure to file was due to mistake, inadvertence, surprise, or excusable neglect. The matter is returned to the trial level for this hearing and a new decision by the WCJ.
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