Home/Case Law/HUE YEN HO vs. HEALTH NET, INC., ARCH INSURANCE COMPANY
Regular DecisionReconsideration

HUE YEN HO vs. HEALTH NET, INC., ARCH INSURANCE COMPANY

Filed: May 19, 2015
Pomona
ADJ8642672

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing lien claimant Optimal Health Institute's (OHI) lien. The WCAB found that proper service of notices upon OHI and its attorney was not effectuated at any stage prior to the dismissal, thereby denying OHI its due process rights. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings and a new decision on the merits of OHI's lien. The Board also admonished defense counsel for improperly submitting existing file documents with their answer.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing lien claimant Optimal Health Institute's (OHI) lien. The WCAB found that proper service of notices upon OHI and its attorney was not effectuated at any stage prior to the dismissal, thereby denying OHI its due process rights. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings and a new decision on the merits of OHI's lien. The Board also admonished defense counsel for improperly submitting existing file documents with their answer.

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