BELLFLOWER UNIFIED SCHOOL DISTRICT; SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC., CAMELLA HOPKINS, WORKERSt COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAMELLA HOPKINS, Applicant,vs.BELLFLOWER UNIFIED SCHOOL DISTRICT; SOUTHERN CALIFORNIARISK MANAGEMENT ASSOCIATES, INC., Defendant(s).Case No. ADJ1230188 (LBO 0369342)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION 7 AND DECISION AFTER BELLFLOWER UNIFIED SCHOOL RECONSIDERATION Lien claimant, Safety Works Inc., seeks reconsideration of the Order issued June 3, 2008, wherein the workers’ compensation administrative law judge (WCJ) noted that the Notice of Intent to Disallow was unopposed and petitioner’s lien was “disallowed in its entirety”. Lien claimant contends that the WCJ erred by dismissing applicant’s case arguing that an objection to the Notice of Intent to Disallow Lien Claim was filed June 16, 2008, due to excusable neglect, and should have been considered by the WCJ even though it was untimely. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that lien claimant’s Objection to Notice of Intent to Disallow Lien Claim should be considered a timely Petition for Reconsideration. However, the petition was not properly forwarded to the Appeals Board. Furthermore, the WCJ recommended that the Order disallowing petitioner’s lien should be rescinded and the matter returned to the trial level for furtherproceedings to consider petitioner’s lien claim on the merits. We determine that lien claimant’s Petition for Reconsideration was timely filed on June 16, 24 2008. However, through no apparent fault of petitioner, the petition did not come to the attention of the Appeals Board until December 1, 2008, after expiration of the statutory time period for reconsideration. , Consistent with fundamental principles of due process, therefore, we are persuaded that the running of the 60-days statutory period (Labor
Camella Hopkins, vs. Bellflower Unified School District; Southern California risk Management Associates, Inc.,
In this case, Camella Hopkins filed a workers' compensation claim against Bellflower Unified School District and Southern California Risk Management Associates, Inc. Lien claimant, Safety Works Inc., sought reconsideration of the Order issued June 3, 2008, wherein the workers' compensation administrative law judge (WCJ) noted that the Notice of Intent to Disallow was unopposed and petitioner's lien was "disallowed in its entirety". The WCJ noted that lien claimant's Objection to Notice of Intent to Disallow Lien Claim should be considered a timely Petition for Reconsideration. The Appeals Board granted lien claimant's petition, rescinded the Order disallowing the lien claim, issued June 3, 2008, and returned this
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1230188
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