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Regular DecisionReconsideration

ROBERT HERNANDEZ vs. BAY CITIES CONTAINER CORPORATION, STATE COMPENSATION INSURANCE FUND

Filed: Jan 21, 2011
San Francisco
ADJ3881031

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant whose lien was dismissed due to failure to appear at trial. The Board found that the lien claimant did not receive proper notice of the trial or an opportunity to be heard, violating their due process rights. Consequently, the dismissal order was rescinded, and the case was returned for further proceedings. This decision overrides procedural defects in the lien claimant's petition for reconsideration.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant whose lien was dismissed due to failure to appear at trial. The Board found that the lien claimant did not receive proper notice of the trial or an opportunity to be heard, violating their due process rights. Consequently, the dismissal order was rescinded, and the case was returned for further proceedings. This decision overrides procedural defects in the lien claimant's petition for reconsideration.

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ROBERT HERNANDEZ vs. BAY CITIES CONTAINER CORPORATION, STATE COMPENSATION INSURANCE FUND (2011) – San Francisco | CompFox