Home/Case Law/JOSE R. FRANCO vs. CLA-VAL GRISWOLD, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOSE R. FRANCO vs. CLA-VAL GRISWOLD, STATE COMPENSATION INSURANCE FUND

Filed: Mar 07, 2006
San Francisco
SBR 0311342

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the defendant is estopped from asserting a statute of limitations defense against a lien claimant. The defendant had notice of the lien claimant's claim, as evidenced by settlement documents and a lien affidavit, and failed to serve the claimant with settlement documents as required by law. This failure to provide proper notice and an opportunity to be heard to the lien claimant precludes the statute of limitations defense.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the defendant is estopped from asserting a statute of limitations defense against a lien claimant. The defendant had notice of the lien claimant's claim, as evidenced by settlement documents and a lien affidavit, and failed to serve the claimant with settlement documents as required by law. This failure to provide proper notice and an opportunity to be heard to the lien claimant precludes the statute of limitations defense.

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