CompFox AI Summary
The Workers' Compensation Appeals Board granted a petition for reconsideration filed by defendant Occusure Claims Services, challenging a monetary sanctions order issued by a WCJ. Occusure was sanctioned for failing to appear at status and mandatory settlement conferences, despite being served with an amended application joining them as a party. Occusure contended it was erroneously joined as AmTrust Claims administered the injury claims and its non-appearance was due to clerical oversight, not intentional disregard. The Board found that Occusure's due process rights were violated by not having an opportunity to be heard on its claims of erroneous joinder and procedural failures within its organization. Consequently, the Board rescinded the sanctions order and returned the case to the trial level for further proceedings to ensure a full hearing on these issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted a petition for reconsideration filed by defendant Occusure Claims Services, challenging a monetary sanctions order issued by a WCJ. Occusure was sanctioned for failing to appear at status and mandatory settlement conferences, despite being served with an amended application joining them as a party. Occusure contended it was erroneously joined as AmTrust Claims administered the injury claims and its non-appearance was due to clerical oversight, not intentional disregard. The Board found that Occusure's due process rights were violated by not having an opportunity to be heard on its claims of erroneous joinder and procedural failures within its organization. Consequently, the Board rescinded the sanctions order and returned the case to the trial level for further proceedings to ensure a full hearing on these issues.
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