Home/Case Law/JUAN RAMON VAQUIS vs. SANTA MONICA EXPRESS, INC., KEMPER EMPLOYERS INSURANCE COMPANY, BROADSPIRE
Regular DecisionReconsideration

JUAN RAMON VAQUIS vs. SANTA MONICA EXPRESS, INC., KEMPER EMPLOYERS INSURANCE COMPANY, BROADSPIRE

Filed: Apr 07, 2008
MON 0284020

CompFox AI Summary

The Appeals Board granted reconsideration because the proof of service for the disallowance of Managedmed's lien was not properly admitted into evidence, thus lacking a factual basis for the WCJ's finding of timely service. The Board rescinded the prior order and remanded the case for further proceedings to determine actual service and rule on the lien claimant's motion to set aside the disallowance. This decision emphasizes the requirement for admitted evidence to support findings, especially concerning service and potential relief under Code of Civil Procedure § 473(b).

Full Decision Text1 Pages

The Appeals Board granted reconsideration because the proof of service for the disallowance of Managedmed's lien was not properly admitted into evidence, thus lacking a factual basis for the WCJ's finding of timely service. The Board rescinded the prior order and remanded the case for further proceedings to determine actual service and rule on the lien claimant's motion to set aside the disallowance. This decision emphasizes the requirement for admitted evidence to support findings, especially concerning service and potential relief under Code of Civil Procedure § 473(b).

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