Home/Case Law/Kevin Elliott vs. Fire Protection Unlimited, Specialty Risk
Regular DecisionWorkers' Compensation

Kevin Elliott vs. Fire Protection Unlimited, Specialty Risk

Filed: Apr 25, 2012
San Francisco
ADJ800698 (SRO 0128141)

CompFox AI Summary

The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order compelling service of medical reports was not a final order. However, construing the petition as a request for removal, the Board granted it, finding a potential untimeliness issue with the lien claimant's lien under Labor Code section 4903.5. The Board rescinded the original order and returned the case to the trial level for a lien conference to determine the existence, filing date, and validity of the lien.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order compelling service of medical reports was not a final order. However, construing the petition as a request for removal, the Board granted it, finding a potential untimeliness issue with the lien claimant's lien under Labor Code section 4903.5. The Board rescinded the original order and returned the case to the trial level for a lien conference to determine the existence, filing date, and validity of the lien.

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Kevin Elliott vs. Fire Protection Unlimited, Specialty Risk (2012) – San Francisco | CompFox