Home/Case Law/STEPHANIE EVANS vs. COMMUNITY MEDICAL CENTERS permissibly self-insured, administered by GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

STEPHANIE EVANS vs. COMMUNITY MEDICAL CENTERS permissibly self-insured, administered by GALLAGHER BASSETT SERVICES

Filed: Dec 21, 2012
San Francisco
ADJ4361808 (FRE 0243007) ADJ483312 (FRE 0243008)

CompFox AI Summary

This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failing to attend a mandatory settlement conference (MSC). The Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level. The Board found that the lien claimant was not required to attend the MSC because the case had not yet settled, and the defendant failed to properly notify or attempt to contact the lien claimant regarding the settlement. Additionally, while the lien claimant's objection to the dismissal notice was technically one day late, the significant delay by the WCJ in acting on it rendered the dismissal improper.

Full Decision Text1 Pages

This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failing to attend a mandatory settlement conference (MSC). The Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level. The Board found that the lien claimant was not required to attend the MSC because the case had not yet settled, and the defendant failed to properly notify or attempt to contact the lien claimant regarding the settlement. Additionally, while the lien claimant's objection to the dismissal notice was technically one day late, the significant delay by the WCJ in acting on it rendered the dismissal improper.

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