Home/Case Law/Jessica Leaser vs. Washington Mutual, Zurich North America, SRS/SEDGWICK Claims Management Services
Regular DecisionReconsideration

Jessica Leaser vs. Washington Mutual, Zurich North America, SRS/SEDGWICK Claims Management Services

Filed: Feb 28, 2012
ADJ809010 (LAO 0877737)

CompFox AI Summary

The Appeals Board dismissed the lien claimant's petition for reconsideration as untimely, as it was filed three days after the statutory deadline. Although the administrative law judge (WCJ) issued a notice of intent to sanction the lien claimant for proceeding to trial without a legal basis, the Board granted removal on its own motion. The Board rescinded the sanctions, finding the WCJ's assessment of "no factual or legal basis" unsupported on the current record, and returned the case to the trial level for further proceedings.

Full Decision Text1 Pages

The Appeals Board dismissed the lien claimant's petition for reconsideration as untimely, as it was filed three days after the statutory deadline. Although the administrative law judge (WCJ) issued a notice of intent to sanction the lien claimant for proceeding to trial without a legal basis, the Board granted removal on its own motion. The Board rescinded the sanctions, finding the WCJ's assessment of "no factual or legal basis" unsupported on the current record, and returned the case to the trial level for further proceedings.

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