Home/Case Law/PHYLLIS SWINK vs. AVIS RENT-A-CAR, CNA CLAIMS PLUS
Regular DecisionReconsideration

PHYLLIS SWINK vs. AVIS RENT-A-CAR, CNA CLAIMS PLUS

Filed: Mar 15, 2013
Marina Del Rey
ADJ4713838 (MON 0335494)

CompFox AI Summary

This case concerns a lien claimant, KVP Pharmacy, seeking reconsideration of a prior order dismissing its lien. KVP Pharmacy argued the dismissal order was invalid due to an unsigned and undated document. However, the Appeals Board dismissed KVP Pharmacy's petition because it was filed approximately six months after the lien dismissal order was served. The Board found the petition to be untimely, as California Labor Code requires reconsideration petitions to be filed within 20 days, plus an additional five days if served by mail. Therefore, the Board lacked jurisdiction to consider the merits of KVP Pharmacy's arguments.

Full Decision Text1 Pages

This case concerns a lien claimant, KVP Pharmacy, seeking reconsideration of a prior order dismissing its lien. KVP Pharmacy argued the dismissal order was invalid due to an unsigned and undated document. However, the Appeals Board dismissed KVP Pharmacy's petition because it was filed approximately six months after the lien dismissal order was served. The Board found the petition to be untimely, as California Labor Code requires reconsideration petitions to be filed within 20 days, plus an additional five days if served by mail. Therefore, the Board lacked jurisdiction to consider the merits of KVP Pharmacy's arguments.

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PHYLLIS SWINK vs. AVIS RENT-A-CAR, CNA CLAIMS PLUS (2013) – Marina Del Rey | CompFox