Home/Case Law/BONNIE MARTIN vs. LANCASTER COMMUNITY HOSPITAL, ACE AMERICAN INSURANCE COMPANY
Regular DecisionWorkers' Compensation

BONNIE MARTIN vs. LANCASTER COMMUNITY HOSPITAL, ACE AMERICAN INSURANCE COMPANY

Filed: Apr 02, 2015
Van Nuys
ADJ8198012

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Here is a summary of the case in four sentences for a lawyer:

The Defendant seeks removal of an order that denied their request for a trial setting on third-party credit and took the case off-calendar to allow for discovery completion. They argue this violates their due process rights and will cause irreparable harm by forcing them to pay benefits without accounting for a substantial third-party recovery. The Workers' Compensation Appeals Board majority denied removal, agreeing with the WCJ that no due process violation or irreparable harm occurred as the issues can be addressed later. A dissenting Commissioner would have granted removal, finding the Defendant's right to credit requires prompt adjudication, especially given the applicant's significant third-party settlement and the employer negligence allegations.

Full Decision Text1 Pages

Here is a summary of the case in four sentences for a lawyer:

The Defendant seeks removal of an order that denied their request for a trial setting on third-party credit and took the case off-calendar to allow for discovery completion. They argue this violates their due process rights and will cause irreparable harm by forcing them to pay benefits without accounting for a substantial third-party recovery. The Workers' Compensation Appeals Board majority denied removal, agreeing with the WCJ that no due process violation or irreparable harm occurred as the issues can be addressed later. A dissenting Commissioner would have granted removal, finding the Defendant's right to credit requires prompt adjudication, especially given the applicant's significant third-party settlement and the employer negligence allegations.

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