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The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an administrative law judge's (WCJ) order taking a lien claimant's case off-calendar without a hearing. The WCJ incorrectly applied res judicata based on the applicant's stipulation in a prior Compromise and Release agreement regarding an MPN. The WCAB found that the lien claimant's rights are derivative but not automatically bound by the applicant's stipulation without due process. Therefore, the case is returned to the trial level for a proper hearing on the lien claim.
MARIA RAMIREZ vs. KELLY SERVICES, INC., ESIS is a workers' compensation case decided in . 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 .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an administrative law judge's (WCJ) order taking a lien claimant's case off-calendar without a hearing. The WCJ incorrectly applied res judicata based on the applicant's stipulation in a prior Compromise and Release agreement regarding an MPN. The WCAB found that the lien claimant's rights are derivative but not automatically bound by the applicant's stipulation without due process. Therefore, the case is returned to the trial level for a proper hearing on the lien claim.
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