County Of Los Angeles Probation Department; AIMS Keith Crawford WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEITH CRAWFORD, Applicant,vs. COUNTY OF LOS ANGELES PROBATION DEPARTMENT; AIMS, Defendant(s).Case No. LAO 0825233OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Lien claimant, Elena Konstat, Ph.D., seeks reconsideration of the Order Dismissing Lien, served on November 6, 2007, which a workers’ compensation administrative law judge (WCJ) issued following a 20 day Notice Of Intention To Disallow. Lien claimant contends that the issuance of the Notice of Intention to Disallow was in violation of WCAB Rule 10562, as defendant incorrectly asserted in its declaration under penalty of perjury that lien claimant had no person with settlement authority available over the phone at the time of the November 6, 2007 hearing. Lien claimant contends that defendant made no inquiry on the date of hearing as to the availability of a person with settlement authority, and that such person was available had an inquiry been made. Second, lien claimant contends the dismissal of its lien without evidence constitutes a violation of lien claimant’s right to due process of law, in that the dismissal of its lien was not based on a review of the merits Defendant filed an answer to the lien claimant’s petition. For the reasons set forth below, we shall grant reconsideration, rescind the Order Dismissing Lien and return this matter to the trial level. , Background The case in chief was settled between applicant, Keith Crawford and defendant, County of Los Angeles Probation Department, by Compromise and Release Agreement for $50,000. Defendant agreed to hold applicant harmless from lien claims on record. The Notice of Intention was based upon a declaration of defendant’s attorney that there was no appearance on lien claimant’s behalf at the hearing on September 6, 2007, and that there was no one
Keith Crawford vs. County Of Los Angeles Probation Department; Aims
In this case, the County of Los Angeles Probation Department and AIMS were the defendants and Keith Crawford was the applicant. Lien claimant Elena Konstat, Ph.D. sought reconsideration of the Order Dismissing Lien, which was issued following a 20 day Notice Of Intention To Disallow. The WCAB granted reconsideration, rescinded the Order Dismissing Lien, and returned the matter to the trial level for further proceedings on the lien.
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0825233
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