Home/Case Law/MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES
Regular DecisionReconsideration

MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES

Filed: Dec 16, 2010
ADJ1297763

CompFox AI Summary

This case concerns a lien claimant, Frontier Medical Inc., whose lien for durable medical equipment was dismissed by a WCJ for failing to appear at a scheduled lien trial. The lien claimant argued their non-appearance was an inadvertent mistake and that they were entitled to a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and remanded the case for further proceedings. The Board emphasized the legal policy favoring hearings on the merits, especially in workers' compensation cases, and found the lien claimant's explanation for non-appearance warranted further consideration.

Full Decision Text1 Pages

This case concerns a lien claimant, Frontier Medical Inc., whose lien for durable medical equipment was dismissed by a WCJ for failing to appear at a scheduled lien trial. The lien claimant argued their non-appearance was an inadvertent mistake and that they were entitled to a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and remanded the case for further proceedings. The Board emphasized the legal policy favoring hearings on the merits, especially in workers' compensation cases, and found the lien claimant's explanation for non-appearance warranted further consideration.

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MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES (2010) – | CompFox