Home/Case Law/MARIA ESTRELLA vs. DURHAM SCHOOL SERVICES/NATIONAL EXPRESS CORPORATION, FIDELITY AND GUARANTY INSURANCE COMPANY
Regular Decision

MARIA ESTRELLA vs. DURHAM SCHOOL SERVICES/NATIONAL EXPRESS CORPORATION, FIDELITY AND GUARANTY INSURANCE COMPANY

Filed: Jun 25, 2015
San Francisco
ADJ394613 (VNO 0530712); ADJ2266356 (VNO 0530710)

CompFox AI Summary

The Workers' Compensation Appeals Board denied a Petition for Removal filed by a lien claimant. The lien claimant argued substantial prejudice due to the employer's non-attorney representative. However, the Board found that the non-attorney representative complied with relevant regulations, and the lien claimant failed to demonstrate substantial prejudice or irreparable harm. Therefore, removal was deemed an extraordinary remedy not warranted in this case, with reconsideration serving as an adequate remedy if necessary.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a Petition for Removal filed by a lien claimant. The lien claimant argued substantial prejudice due to the employer's non-attorney representative. However, the Board found that the non-attorney representative complied with relevant regulations, and the lien claimant failed to demonstrate substantial prejudice or irreparable harm. Therefore, removal was deemed an extraordinary remedy not warranted in this case, with reconsideration serving as an adequate remedy if necessary.

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