Home/Case Law/LINDA KEAN vs. LENDER PROCESSING SERVICES/FIDELITY NATIONAL FINANCIAL
Regular DecisionReconsideration

LINDA KEAN vs. LENDER PROCESSING SERVICES/FIDELITY NATIONAL FINANCIAL

Filed: Nov 02, 2014
Santa Ana
ADJ7524260

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed the disallowance of a lien claim because the lien claimant failed to meet their burden of proof due to untimeliness in serving documents. However, the WCAB rescinded the sanctions previously imposed by the administrative law judge. This rescission was because the sanctions were not imposed after proper notice and opportunity to be heard as required by statute, and the record did not demonstrate bad-faith actions by the lien claimant. The lien claimant's attempt to proceed with the claim after document exclusion was not deemed frivolous, but rather an effort to obtain a formal ruling.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed the disallowance of a lien claim because the lien claimant failed to meet their burden of proof due to untimeliness in serving documents. However, the WCAB rescinded the sanctions previously imposed by the administrative law judge. This rescission was because the sanctions were not imposed after proper notice and opportunity to be heard as required by statute, and the record did not demonstrate bad-faith actions by the lien claimant. The lien claimant's attempt to proceed with the claim after document exclusion was not deemed frivolous, but rather an effort to obtain a formal ruling.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

LINDA KEAN vs. LENDER PROCESSING SERVICES/FIDELITY NATIONAL FINANCIAL (2014) – Santa Ana | CompFox