Home/Case Law/JOSE ALDANA vs. FAIRMONT TIRE AND RUBBER, U.S. FIRE INSURANCE CO., CRUM & FORSTER, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOSE ALDANA vs. FAIRMONT TIRE AND RUBBER, U.S. FIRE INSURANCE CO., CRUM & FORSTER, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jun 07, 2019
Long Beach
ADJ3351309

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien filed by Costa Mesa Pharmacy, represented by Med-Rx Funding, LLC. The dismissal was based on failure to appear at a lien conference and respond to a notice of intent to dismiss. The Board found that Med-Rx's claim of a stay under Labor Code section 4615 constituted good cause for non-appearance, and that due process required an evidentiary hearing on this issue and the assignment of the lien. Therefore, the case was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien filed by Costa Mesa Pharmacy, represented by Med-Rx Funding, LLC. The dismissal was based on failure to appear at a lien conference and respond to a notice of intent to dismiss. The Board found that Med-Rx's claim of a stay under Labor Code section 4615 constituted good cause for non-appearance, and that due process required an evidentiary hearing on this issue and the assignment of the lien. Therefore, the case was returned to the trial level for further proceedings.

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