Home/Case Law/LUCIA RUIZ vs. SUBWAY, STATE FARM INSURANCE
Regular DecisionRegular Panel Decision

LUCIA RUIZ vs. SUBWAY, STATE FARM INSURANCE

Filed: Jul 06, 2012
Marina Del Rey
ADJ176141

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Managedmed Inc.'s petition for reconsideration of an order dismissing its lien claim. The dismissal was based on Managedmed's failure to serve a copy of the petition on defense counsel, which is a mandatory procedural requirement. While Managedmed cited computer issues for its initial non-appearance at a lien conference, the Appeals Board found this argument irrelevant to the procedural defect of non-service of the petition. Failure to properly serve is a proper ground for dismissal of a petition for reconsideration.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Managedmed Inc.'s petition for reconsideration of an order dismissing its lien claim. The dismissal was based on Managedmed's failure to serve a copy of the petition on defense counsel, which is a mandatory procedural requirement. While Managedmed cited computer issues for its initial non-appearance at a lien conference, the Appeals Board found this argument irrelevant to the procedural defect of non-service of the petition. Failure to properly serve is a proper ground for dismissal of a petition for reconsideration.

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