Home/Case Law/MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionReconsideration

MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Jan 08, 2016
Long Beach
ADJ7617012, ADJ8069518

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a stipulation and order to pay a lien claimant. The defendant argued the judge lacked jurisdiction as the lien claimant had been previously dismissed for failing to appear at a conference. The Board found the judge acted in excess of jurisdiction by approving the order while the dismissal order was still in effect. Good cause existed to rescind the order because the lien claimant was properly dismissed and failed to seek rescission before appearing at trial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a stipulation and order to pay a lien claimant. The defendant argued the judge lacked jurisdiction as the lien claimant had been previously dismissed for failing to appear at a conference. The Board found the judge acted in excess of jurisdiction by approving the order while the dismissal order was still in effect. Good cause existed to rescind the order because the lien claimant was properly dismissed and failed to seek rescission before appearing at trial.

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MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY (2016) – Long Beach | CompFox