Home/Case Law/TERESA RAMOS vs. KDK INVESTMENT, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION
Regular DecisionReconsideration

TERESA RAMOS vs. KDK INVESTMENT, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

Filed: Jun 10, 2013
San Francisco
ADJ3979004 (LAO 0862878) ADJ1142637 (LAO 0862879)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order dismissing a lien claim for failure to pay a lien activation fee. The lien claimant presented evidence of an EAMS system error preventing timely payment the day before the conference. The WCAB set aside the dismissal, finding it unjust to burden a party with system inadequacies, and returned the case for further proceedings. However, the WCAB cautioned that future dismissals for similar reasons will require a stronger showing of diligence and immediate reporting of EAMS failures.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order dismissing a lien claim for failure to pay a lien activation fee. The lien claimant presented evidence of an EAMS system error preventing timely payment the day before the conference. The WCAB set aside the dismissal, finding it unjust to burden a party with system inadequacies, and returned the case for further proceedings. However, the WCAB cautioned that future dismissals for similar reasons will require a stronger showing of diligence and immediate reporting of EAMS failures.

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TERESA RAMOS vs. KDK INVESTMENT, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION (2013) – San Francisco | CompFox