Home/Case Law/JOSE PONCIANO CLARO vs. HYDRAULICS INTERNATIONAL, NOVA CASUALTY CO., YORK RISK SERVICES GROUP
Regular Decision

JOSE PONCIANO CLARO vs. HYDRAULICS INTERNATIONAL, NOVA CASUALTY CO., YORK RISK SERVICES GROUP

Filed: May 24, 2018
Los Angeles
ADJ7065472

CompFox AI Summary

The Appeals Board dismissed the defendant's Petition for Removal as improperly filed, stating that the order to pay a lien claimant was a final order requiring a Petition for Reconsideration. The Board granted reconsideration on its own motion to address due process concerns. It rescinded the prior Minute Order, which improperly mandated payment to DNM Pharmacy without sufficient evidence or a hearing. The matter was returned to the WCJ for further proceedings, including an opportunity for the defendant to present evidence and for proper evidentiary development.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's Petition for Removal as improperly filed, stating that the order to pay a lien claimant was a final order requiring a Petition for Reconsideration. The Board granted reconsideration on its own motion to address due process concerns. It rescinded the prior Minute Order, which improperly mandated payment to DNM Pharmacy without sufficient evidence or a hearing. The matter was returned to the WCJ for further proceedings, including an opportunity for the defendant to present evidence and for proper evidentiary development.

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JOSE PONCIANO CLARO vs. HYDRAULICS INTERNATIONAL, NOVA CASUALTY CO., YORK RISK SERVICES GROUP (2018) – Los Angeles | CompFox