Home/Case Law/ELVA VARELA CASTRO vs. DISTINCTIVE INDUSTRIES, CHARTIS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ELVA VARELA CASTRO vs. DISTINCTIVE INDUSTRIES, CHARTIS, STATE COMPENSATION INSURANCE FUND

Filed: Nov 27, 2013
ADJ1733250 (LAO 0847035) ADJ3760624 (LAO 0865113)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order that was based on a lien claimant's failure to pay a lien activation fee. The WCAB found the petition for reconsideration was timely filed as there was no proof of service for the original order, and the lien claimant had actual notice. Crucially, a federal court injunction against enforcing the lien activation fee provisions was in effect at the time. Therefore, the WCAB rescinded the dismissal and returned the case for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order that was based on a lien claimant's failure to pay a lien activation fee. The WCAB found the petition for reconsideration was timely filed as there was no proof of service for the original order, and the lien claimant had actual notice. Crucially, a federal court injunction against enforcing the lien activation fee provisions was in effect at the time. Therefore, the WCAB rescinded the dismissal and returned the case for further proceedings.

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ELVA VARELA CASTRO vs. DISTINCTIVE INDUSTRIES, CHARTIS, STATE COMPENSATION INSURANCE FUND (2013) – | CompFox