Home/Case Law/RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.
Regular DecisionReconsideration

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

Filed: Aug 30, 2013
ADJ4571933

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The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Full Decision Text1 Pages

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

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