Home/Case Law/GERBER NUNEZ vs. GLENWA, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

GERBER NUNEZ vs. GLENWA, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jul 25, 2017
ADJ1520418 (LBO 0392796)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an order dismissing a lien claim due to the lien claimant's non-appearance at a lien conference. The WCAB found that the lien claimant's representative was present and signed in, therefore the dismissal for non-appearance was erroneous. Due to defective service of the dismissal order, the lien claimant's petition for reconsideration was deemed timely. Consequently, the WCAB vacated the dismissal order and returned the matter to the trial level for further proceedings, upholding the lien claimant's right to due process.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an order dismissing a lien claim due to the lien claimant's non-appearance at a lien conference. The WCAB found that the lien claimant's representative was present and signed in, therefore the dismissal for non-appearance was erroneous. Due to defective service of the dismissal order, the lien claimant's petition for reconsideration was deemed timely. Consequently, the WCAB vacated the dismissal order and returned the matter to the trial level for further proceedings, upholding the lien claimant's right to due process.

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GERBER NUNEZ vs. GLENWA, INC., STATE COMPENSATION INSURANCE FUND (2017) – | CompFox