Home/Case Law/EDGAR CANO vs. NORTHROP CONSTRUCTION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

EDGAR CANO vs. NORTHROP CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Filed: Oct 29, 2015
San Diego
ADJ6953801

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order sanctioning three individuals because there was no proof of proper service of the Notice of Intention to Impose Sanctions or the Order of Sanctions on them. The Board found that a fundamental requirement of due process, actual notice, was not met. Although the WCJ was aware two individuals were outside California, service attempts were insufficient. Therefore, the sanctions were rescinded due to the failure to establish jurisdiction through proper service.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order sanctioning three individuals because there was no proof of proper service of the Notice of Intention to Impose Sanctions or the Order of Sanctions on them. The Board found that a fundamental requirement of due process, actual notice, was not met. Although the WCJ was aware two individuals were outside California, service attempts were insufficient. Therefore, the sanctions were rescinded due to the failure to establish jurisdiction through proper service.

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