Home/Case Law/JOSE TAFUR vs. BIRD PATON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION
Regular DecisionWorkers' Compensation Appeal

JOSE TAFUR vs. BIRD PATON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Filed: Nov 08, 2017
ADJ428191 (LAO 0745560) ADJ3314834 (LAO 0822630)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's Petition for Reconsideration because the underlying order rescinding a prior lien allowance was not a final determination. The WCAB also denied the lien claimant's Petition for Removal, finding no substantial prejudice or irreparable harm. The WCAB clarified that the lien claimant retains due process rights and can seek reconsideration after a final decision is issued by the workers' compensation judge. This decision allows the judge to fully address the defendant's petition to set aside the lien award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's Petition for Reconsideration because the underlying order rescinding a prior lien allowance was not a final determination. The WCAB also denied the lien claimant's Petition for Removal, finding no substantial prejudice or irreparable harm. The WCAB clarified that the lien claimant retains due process rights and can seek reconsideration after a final decision is issued by the workers' compensation judge. This decision allows the judge to fully address the defendant's petition to set aside the lien award.

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JOSE TAFUR vs. BIRD PATON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (2017) – | CompFox