Home/Case Law/PATRICIA DAVENPORT vs. WESTERN PACIFIC DISTRIBUTORS and CIGA by its servicing facility SEDGWICK CMS for HOME INSURANCE COMPANY IN LIQUIDATION
Regular DecisionReconsideration

PATRICIA DAVENPORT vs. WESTERN PACIFIC DISTRIBUTORS and CIGA by its servicing facility SEDGWICK CMS for HOME INSURANCE COMPANY IN LIQUIDATION

Filed: Dec 02, 2011
San Francisco
ADJ1190346 (SFO 0376731) ADJ6489685

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order dismissing St. Mary's Hospital's lien. The WCAB found that the dismissal order was improperly issued without notice or an opportunity for St. Mary's or its representative, Recovery Resources, to be heard. The Board emphasized that due process requires notice and a hearing before a lien can be dismissed. Therefore, the matter was returned to the trial level for further proceedings to allow the lien claimant to present its case on the merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order dismissing St. Mary's Hospital's lien. The WCAB found that the dismissal order was improperly issued without notice or an opportunity for St. Mary's or its representative, Recovery Resources, to be heard. The Board emphasized that due process requires notice and a hearing before a lien can be dismissed. Therefore, the matter was returned to the trial level for further proceedings to allow the lien claimant to present its case on the merits.

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PATRICIA DAVENPORT vs. WESTERN PACIFIC DISTRIBUTORS and CIGA by its servicing facility SEDGWICK CMS for HOME INSURANCE COMPANY IN LIQUIDATION (2011) – San Francisco | CompFox