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The Appeals Board granted the lien claimant's Petition for Removal, finding that the WCJ erred by ordering the matter off calendar due to non-reimbursement of a vacated award. There is no statutory basis to require reimbursement of a rescinded award as a prerequisite to trial, and the Appeals Board found such a requirement would violate constitutional policies of substantial justice. The case is returned to the trial level for proceedings on the lien claimant's lien.
SANTIAGO RODRIGUEZ vs. SALVADOR VARGAS LANDSCAPE, STATE COMPENSATION INSURANCE FUND INSURED FRESNO is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Appeals Board granted the lien claimant's Petition for Removal, finding that the WCJ erred by ordering the matter off calendar due to non-reimbursement of a vacated award. There is no statutory basis to require reimbursement of a rescinded award as a prerequisite to trial, and the Appeals Board found such a requirement would violate constitutional policies of substantial justice. The case is returned to the trial level for proceedings on the lien claimant's lien.
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