Home/Case Law/WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH
Regular DecisionLien Claim

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

Filed: May 02, 2016
Marina Del Rey
ADJ8613826

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

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WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH (2016) – Marina Del Rey | CompFox