Home/Case Law/KATHY CAPONE vs. FIRST BANK & TRUST, CHUBB GROUP
Regular DecisionReconsideration

KATHY CAPONE vs. FIRST BANK & TRUST, CHUBB GROUP

Filed: Jun 07, 2012
San Francisco
ADJ4281782

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing lien claimant Hepps Pharmacy's lien. Hepps Pharmacy failed to appear at a lien conference and filed its objection late, offering only "inadvertence" as an excuse. The Board found that this excuse lacked credibility and did not justify relief, particularly given the claimant's repeated failures to appear and file timely objections. The Board also noted that the lien claimant cured a verification defect in its petition for reconsideration and may consider sanctions for the failure to appear.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing lien claimant Hepps Pharmacy's lien. Hepps Pharmacy failed to appear at a lien conference and filed its objection late, offering only "inadvertence" as an excuse. The Board found that this excuse lacked credibility and did not justify relief, particularly given the claimant's repeated failures to appear and file timely objections. The Board also noted that the lien claimant cured a verification defect in its petition for reconsideration and may consider sanctions for the failure to appear.

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KATHY CAPONE vs. FIRST BANK & TRUST, CHUBB GROUP (2012) – San Francisco | CompFox