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The Appeals Board granted reconsideration and rescinded the original award due to lack of proper joinder and due process for Fatima Hernandez. The Board found that Hernandez, though appearing for the employer ADLR Transportation, Inc. and stipulated to the Board's jurisdiction, was never formally joined as a defendant. Awarding benefits against her individually or as a shareholder without proper notice would violate her due process rights. The matter was returned to the trial level for further proceedings to ensure all defendants are properly joined. The attorney's fee was not increased due to a lack of notice to clients regarding adverse interests.
WILLIAN DUARTE, Deceased, JANET ARCE, as Guardian Ad Litem for GISSELLE J. DUARTE, BYRON E. DUARTE and NAOMI E. DUARTE, Minor Dependents vs. ADLR TRANSPORTATION, INC., Illegally Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND is a workers' compensation case decided in San Francisco. 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 San Francisco.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the original award due to lack of proper joinder and due process for Fatima Hernandez. The Board found that Hernandez, though appearing for the employer ADLR Transportation, Inc. and stipulated to the Board's jurisdiction, was never formally joined as a defendant. Awarding benefits against her individually or as a shareholder without proper notice would violate her due process rights. The matter was returned to the trial level for further proceedings to ensure all defendants are properly joined. The attorney's fee was not increased due to a lack of notice to clients regarding adverse interests.
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