Home/Case Law/ANGELINA ACUNA vs. CANYON LAKE PROPERTY OWNERS ASSOCIATION, PACIFIC COMPENSATION INSURANCE COMPANY, CYPRESS INSURANCE COMPANY
Regular DecisionWorkers' Compensation

ANGELINA ACUNA vs. CANYON LAKE PROPERTY OWNERS ASSOCIATION, PACIFIC COMPENSATION INSURANCE COMPANY, CYPRESS INSURANCE COMPANY

Filed: Nov 18, 2014
Los Angeles
ADJ8388029

CompFox AI Summary

The WCAB dismissed Western Imaging Services' Petition for Reconsideration as untimely and based on a non-final order. The Board removed the case on its own motion, rescinded the WCJ's August 29, 2014 order, and returned the case to the trial level. This action stemmed from Western's representative's apparent lack of knowledge and authority regarding their lien at a hearing, raising potential issues with WCAB Rule 10770.1(e) and the claimant's burden of proof. The Board also noted the possibility of sanctions and attorney fees if the lien is pursued without sufficient evidence.

Full Decision Text1 Pages

The WCAB dismissed Western Imaging Services' Petition for Reconsideration as untimely and based on a non-final order. The Board removed the case on its own motion, rescinded the WCJ's August 29, 2014 order, and returned the case to the trial level. This action stemmed from Western's representative's apparent lack of knowledge and authority regarding their lien at a hearing, raising potential issues with WCAB Rule 10770.1(e) and the claimant's burden of proof. The Board also noted the possibility of sanctions and attorney fees if the lien is pursued without sufficient evidence.

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