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The Workers' Compensation Appeals Board rescinded a prior order dismissing a hospital's lien. The lien claimant argued its error in filing a new lien and paying a filing fee instead of an activation fee was excusable neglect. The Board found the claimant was not afforded due process by being denied a hearing on this issue and that the original decision was prematurely issued before trial briefs were due. The case is returned to the trial level for further proceedings and a new decision on the lien claim.
LUCIA HERRERA vs. COMFORT INN, BERKSHIRE HATHAWAY is a workers' compensation case decided in Los Angeles. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Los Angeles.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior order dismissing a hospital's lien. The lien claimant argued its error in filing a new lien and paying a filing fee instead of an activation fee was excusable neglect. The Board found the claimant was not afforded due process by being denied a hearing on this issue and that the original decision was prematurely issued before trial briefs were due. The case is returned to the trial level for further proceedings and a new decision on the lien claim.
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