Home/Case Law/GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND,
Regular DecisionReconsideration

GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND,

Filed: Mar 12, 2020
ADJ614533 (LAO 0820975)

CompFox AI Summary

The WCAB granted the lien claimant's petition for reconsideration, rescinding the prior order that barred the 2003 lien claim based on laches. The Board found that the defendant failed to present any evidence to prove prejudice or change of position resulting from the claimant's delay. Consequently, the case is returned to the trial level for further proceedings to develop the record regarding the laches defense.

Full Decision Text1 Pages

The WCAB granted the lien claimant's petition for reconsideration, rescinding the prior order that barred the 2003 lien claim based on laches. The Board found that the defendant failed to present any evidence to prove prejudice or change of position resulting from the claimant's delay. Consequently, the case is returned to the trial level for further proceedings to develop the record regarding the laches defense.

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GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND, (2020) – | CompFox