Home/Case Law/LEE HARPER vs. KING DREW MEDICAL CENTER, TRISTAR RISK MANAGEMENT
Regular DecisionRegular Panel Decision

LEE HARPER vs. KING DREW MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Filed: Dec 16, 2010
ADJ4511531 (LAO 0860156)

CompFox AI Summary

This case involves a lien claimant, VQ OrthoCare, whose litigation manager inadvertently checked the wrong box on an electronic filing form, requesting a "Status Conference" instead of a "Lien Conference." The Administrative Law Judge (WCJ) issued an Order to Show Cause why sanctions should not be imposed for this error and for allegedly filing a false declaration regarding settlement. The Appeals Board granted the lien claimant's petition for removal, finding the WCJ's order to be an interlocutory procedural order, not a final decision subject to reconsideration. Ultimately, the Board rescinded the order to show cause and dismissed the petition for reconsideration, deeming the error excusable and lacking legal basis for sanctions.

Full Decision Text1 Pages

This case involves a lien claimant, VQ OrthoCare, whose litigation manager inadvertently checked the wrong box on an electronic filing form, requesting a "Status Conference" instead of a "Lien Conference." The Administrative Law Judge (WCJ) issued an Order to Show Cause why sanctions should not be imposed for this error and for allegedly filing a false declaration regarding settlement. The Appeals Board granted the lien claimant's petition for removal, finding the WCJ's order to be an interlocutory procedural order, not a final decision subject to reconsideration. Ultimately, the Board rescinded the order to show cause and dismissed the petition for reconsideration, deeming the error excusable and lacking legal basis for sanctions.

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