Home/Case Law/BENJAMIN CERVANTES vs. MINNIG PLASTERING, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

BENJAMIN CERVANTES vs. MINNIG PLASTERING, STATE COMPENSATION INSURANCE FUND

Filed: Jun 21, 2013
Los Angeles
ADJ2244380

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's claim. The Board found the petition timely despite the WCJ's initial belief otherwise, as the written order was served by mail. On the merits, the Board upheld the dismissal, ruling that the lien activation fee had to be paid prior to the scheduled conference, not just on the day of. The Board emphasized strict adherence to this rule established in Figueroa v. B.C. Doering Co. to avoid exceptions and maintain clarity.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's claim. The Board found the petition timely despite the WCJ's initial belief otherwise, as the written order was served by mail. On the merits, the Board upheld the dismissal, ruling that the lien activation fee had to be paid prior to the scheduled conference, not just on the day of. The Board emphasized strict adherence to this rule established in Figueroa v. B.C. Doering Co. to avoid exceptions and maintain clarity.

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