Home/Case Law/Homero Balderas vs. Cheema Transport, Inc.; State Compensation Insurance Fund
Regular DecisionOpinion and Order Dismissing Petition for Reconsideration

Homero Balderas vs. Cheema Transport, Inc.; State Compensation Insurance Fund

Filed: Aug 22, 2025
Fresno
ADJ12989988

CompFox AI Summary

Lien claimant, applicant's prior attorney, sought reconsideration of an Order Approving Compromise & Release (OACR) dated June 3, 2025, alleging due process violations and actions in excess of the Appeals Board's powers. The Board determined the petition for reconsideration was premature and dismissed it, returning the case to the Workers' Compensation Judge (WCJ). The WCJ is advised to treat the filing as a petition to set aside the OACR and to schedule a hearing to allow the lien claimant to present evidence, as the original OACR was approved via a walkthrough without a full record or input from the lien claimant.

Full Decision Text1 Pages

Lien claimant, applicant's prior attorney, sought reconsideration of an Order Approving Compromise & Release (OACR) dated June 3, 2025, alleging due process violations and actions in excess of the Appeals Board's powers. The Board determined the petition for reconsideration was premature and dismissed it, returning the case to the Workers' Compensation Judge (WCJ). The WCJ is advised to treat the filing as a petition to set aside the OACR and to schedule a hearing to allow the lien claimant to present evidence, as the original OACR was approved via a walkthrough without a full record or input from the lien claimant.

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