Home/Case Law/LUCIA HERRERA vs. COMFORT INN, BERKSHIRE HATHAWAY
Regular DecisionLien Claim Reconsideration

LUCIA HERRERA vs. COMFORT INN, BERKSHIRE HATHAWAY

Filed: Mar 12, 2018
Los Angeles
ADJ7073090

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a prior order dismissing a hospital's lien.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.

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The Workers' Compensation Appeals Board rescinded a prior order dismissing a hospital's lien.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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LUCIA HERRERA vs. COMFORT INN, BERKSHIRE HATHAWAY (2018) – Los Angeles | CompFox