Home/Case Law/EDGARDO HERRERA vs. COASTAL CONSTRUCTION & LUMBER CO., INC., ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

EDGARDO HERRERA vs. COASTAL CONSTRUCTION & LUMBER CO., INC., ZENITH INSURANCE COMPANY

Filed: Aug 16, 2010
ADJ3271284 (OAK 0337357)

CompFox AI Summary

The Appeals Board dismissed the applicant's petition for removal because the challenged WCJ order definitively determined substantive rights regarding medical costs and report admissibility, making reconsideration the proper procedural route. On its own motion, the Board granted reconsideration due to a deficient record and potential due process violations. The Board rescinded the prior order, finding insufficient evidence, lack of a proper opinion, and lack of notice to all affected lien claimants. The case was returned to the trial level for proper notice, record-keeping, and reasoned decision-making.

Full Decision Text1 Pages

The Appeals Board dismissed the applicant's petition for removal because the challenged WCJ order definitively determined substantive rights regarding medical costs and report admissibility, making reconsideration the proper procedural route. On its own motion, the Board granted reconsideration due to a deficient record and potential due process violations. The Board rescinded the prior order, finding insufficient evidence, lack of a proper opinion, and lack of notice to all affected lien claimants. The case was returned to the trial level for proper notice, record-keeping, and reasoned decision-making.

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