Home/Case Law/JAVIER SAMPEDRO vs. CAMPANILE RESTAURANT, MID-CENTURY INSURANCE COMPANY
Regular DecisionWorkers' Compensation

JAVIER SAMPEDRO vs. CAMPANILE RESTAURANT, MID-CENTURY INSURANCE COMPANY

Filed: Oct 27, 2014
ADJ1242039

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because the original order denying service of medical reports was not a final determination. The WCAB granted removal on its own motion, rescinded the trial judge's order, and returned the case to the trial level. This action was taken because the lien claimant reasonably relied on the EAMS database for service addresses, which was initially misleading regarding the defendant's attorney's office. The WCAB determined that penalizing the lien claimant for this reliance would not serve justice.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because the original order denying service of medical reports was not a final determination. The WCAB granted removal on its own motion, rescinded the trial judge's order, and returned the case to the trial level. This action was taken because the lien claimant reasonably relied on the EAMS database for service addresses, which was initially misleading regarding the defendant's attorney's office. The WCAB determined that penalizing the lien claimant for this reliance would not serve justice.

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JAVIER SAMPEDRO vs. CAMPANILE RESTAURANT, MID-CENTURY INSURANCE COMPANY (2014) – | CompFox