Home/Case Law/GARY HERNANDEZ vs. WESTERN TEAR OFF, ZURICH NORTH AMERICAN
Regular DecisionRegular Panel Decision

GARY HERNANDEZ vs. WESTERN TEAR OFF, ZURICH NORTH AMERICAN

Filed: Sep 13, 2013
Van Nuys
ADJ7998888

CompFox AI Summary

Lien claimants sought reconsideration after their liens were reduced by a WCJ without an evidentiary record, arguing a denial of due process. The Board granted reconsideration, finding the WCJ failed to create an adequate record by not admitting exhibits into evidence. Without a proper record to review, the Board rescinded the WCJ's orders. The matter was returned to the trial level for further proceedings, including a lien trial, as the lien claimants' petition for reconsideration was deemed timely filed.

Full Decision Text1 Pages

Lien claimants sought reconsideration after their liens were reduced by a WCJ without an evidentiary record, arguing a denial of due process. The Board granted reconsideration, finding the WCJ failed to create an adequate record by not admitting exhibits into evidence. Without a proper record to review, the Board rescinded the WCJ's orders. The matter was returned to the trial level for further proceedings, including a lien trial, as the lien claimants' petition for reconsideration was deemed timely filed.

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