Home/Case Law/ALFREDO ANTUNEZ vs. SCAROB, INC. & TAVARUA RESTAURANTS, INC. dba MCDONALD’S, MARKEL INSURANCE COMPANY
Regular DecisionReconsideration

ALFREDO ANTUNEZ vs. SCAROB, INC. & TAVARUA RESTAURANTS, INC. dba MCDONALD’S, MARKEL INSURANCE COMPANY

Filed: Aug 13, 2018
San Diego
ADJ11122032 ADJ11250964

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, as it was filed well beyond the statutory 25-day limit after receiving the Order Approving Compromise and Release. The lien claimant sought additional reimbursement based on a companion claim they allegedly did not know about during settlement negotiations. While the petition is dismissed on procedural grounds, the Board recommends it be treated as a petition to set aside at the trial level. This will allow the lien claimant to present evidence supporting their claim for good cause at a hearing.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, as it was filed well beyond the statutory 25-day limit after receiving the Order Approving Compromise and Release. The lien claimant sought additional reimbursement based on a companion claim they allegedly did not know about during settlement negotiations. While the petition is dismissed on procedural grounds, the Board recommends it be treated as a petition to set aside at the trial level. This will allow the lien claimant to present evidence supporting their claim for good cause at a hearing.

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