Home/Case Law/GLADYS BUSTAMANTE vs. CALIFORNIA, INC., THOR CALIFORNIA COMPANY; ACE AMERICAN INSURANCE/ CCMSI
Regular DecisionRegular Panel Decision

GLADYS BUSTAMANTE vs. CALIFORNIA, INC., THOR CALIFORNIA COMPANY; ACE AMERICAN INSURANCE/ CCMSI

Filed: Nov 02, 2016
Riverside
ADJ421212 (RIV 0037796)

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Here's a summary of the case for a lawyer, in four sentences:

A lien claimant, Progressive Orthopedic Solutions, petitioned for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference and not showing good cause for their absence. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant did not establish a due process violation, as their claimed representative was not officially listed on record at the time of notice service. The Board adopted the judge's report, which noted the lien claimant failed to appear, object timely to the Notice of Intention to Dismiss, or file a notice of representation until after the dismissal. The Board also suggested the trial judge consider sanctions against the lien claimant for violating WCAB Rules and wasting board resources.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer, in four sentences:

A lien claimant, Progressive Orthopedic Solutions, petitioned for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference and not showing good cause for their absence. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant did not establish a due process violation, as their claimed representative was not officially listed on record at the time of notice service. The Board adopted the judge's report, which noted the lien claimant failed to appear, object timely to the Notice of Intention to Dismiss, or file a notice of representation until after the dismissal. The Board also suggested the trial judge consider sanctions against the lien claimant for violating WCAB Rules and wasting board resources.

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