Home/Case Law/FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS
Regular DecisionReconsideration

FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS

Filed: Mar 04, 2014
Los Angeles
ADJ8278787

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

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