Home/Case Law/Miguel Hernandez vs. D.L. Bone & Sons, Inc., State Compensation Insurance Fund
Regular DecisionRegular Panel Decision

Miguel Hernandez vs. D.L. Bone & Sons, Inc., State Compensation Insurance Fund

Filed: Oct 21, 2019
Van Nuys
ADJ322417 (LAO0855230)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration of an administrative order suspending a lien claimant's Petition for Medical Information. The WCAB granted removal, finding the administrative law judge erred by issuing the order sua sponte without notice or hearing, violating due process. This procedural error caused irreparable harm and prejudice. Consequently, the WCAB rescinded the order and returned the case to the trial level for proceedings consistent with due process.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration of an administrative order suspending a lien claimant's Petition for Medical Information. The WCAB granted removal, finding the administrative law judge erred by issuing the order sua sponte without notice or hearing, violating due process. This procedural error caused irreparable harm and prejudice. Consequently, the WCAB rescinded the order and returned the case to the trial level for proceedings consistent with due process.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Miguel Hernandez vs. D.L. Bone & Sons, Inc., State Compensation Insurance Fund (2019) – Van Nuys | CompFox