Home/Case Law/STACY WERDER vs. J.C. ENTERTAINMENT LIGHTING, REDWOOD FIRE AND CASUALTY INSURANCE CO., BERKSHIRE HATHAWAY HOMESTATE COMPANIES
Regular DecisionRegular Panel Decision

STACY WERDER vs. J.C. ENTERTAINMENT LIGHTING, REDWOOD FIRE AND CASUALTY INSURANCE CO., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Filed: Dec 14, 2012
Van Nuys
ADJ558391 (MON 0353979)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded an order compelling a lien claimant to pay defendant's costs and attorney fees, and returned the case to the trial level. The initial order stemmed from the lien claimant improperly filing a Declaration of Readiness to Proceed, causing an unnecessary lien conference and failing to serve the defendant. The Board found the petition for reconsideration procedurally defective but chose to await a decision on a related motion to consolidate numerous similar cases involving the lien claimant's improper filings. Upcoming legislative changes effective January 1, 2013, will allow lien representatives to lose their practice privilege for violations and failure to pay sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded an order compelling a lien claimant to pay defendant's costs and attorney fees, and returned the case to the trial level. The initial order stemmed from the lien claimant improperly filing a Declaration of Readiness to Proceed, causing an unnecessary lien conference and failing to serve the defendant. The Board found the petition for reconsideration procedurally defective but chose to await a decision on a related motion to consolidate numerous similar cases involving the lien claimant's improper filings. Upcoming legislative changes effective January 1, 2013, will allow lien representatives to lose their practice privilege for violations and failure to pay sanctions.

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STACY WERDER vs. J.C. ENTERTAINMENT LIGHTING, REDWOOD FIRE AND CASUALTY INSURANCE CO., BERKSHIRE HATHAWAY HOMESTATE COMPANIES (2012) – Van Nuys | CompFox