Home/Case Law/JOSE CONSTANZA vs. CAPITAL DRYWALL, WORKERS' COMPENSATION RESOLUTION
Regular DecisionLien Claim

JOSE CONSTANZA vs. CAPITAL DRYWALL, WORKERS' COMPENSATION RESOLUTION

Filed: Oct 05, 2016
San Francisco
ADJ10337052

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of an order that disallowed lien claims by Advanced Care and Tri City Health without a hearing. The Board found that the lien claimants were denied due process and that their petition for reconsideration, though filed at a district office instead of the San Francisco Commissioners' office, was timely under WCAB Rule 10397. Consequently, the Board rescinded the original order, disallowed the lien of New Age Pharmacy, deferred the liens of Advanced Care and Tri City Health, and returned the matter to the arbitrator for further proceedings. This decision emphasizes the constitutional right to due process and a fair hearing in workers' compensation cases.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of an order that disallowed lien claims by Advanced Care and Tri City Health without a hearing. The Board found that the lien claimants were denied due process and that their petition for reconsideration, though filed at a district office instead of the San Francisco Commissioners' office, was timely under WCAB Rule 10397. Consequently, the Board rescinded the original order, disallowed the lien of New Age Pharmacy, deferred the liens of Advanced Care and Tri City Health, and returned the matter to the arbitrator for further proceedings. This decision emphasizes the constitutional right to due process and a fair hearing in workers' compensation cases.

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