Home/Case Law/MANUEL TORRES vs. NATIONAL DECK STAIR CORPORATION, STATE COMPENSATION INSURANCE FUND
Regular Decision

MANUEL TORRES vs. NATIONAL DECK STAIR CORPORATION, STATE COMPENSATION INSURANCE FUND

Filed: Apr 14, 2009
ADJ2145551 (LAO 0846616)

CompFox AI Summary

This case involves a lien claimant, California Affordable Care, seeking reconsideration or removal of an order approving a stipulation between the defendant and another provider, West Coast Nursing. The petitioner argued the WCJ erred by ordering payment without West Coast Nursing complying with specific board rules and questioned its standing. The Appeals Board dismissed the reconsideration petition, finding the petitioner was not aggrieved by the order as their lien was not yet determined. Removal was denied, as the petitioner failed to show irreparable harm and their due process rights were preserved via a scheduled status conference. Furthermore, the petition would have been dismissed for failing to serve West Coast Nursing, a party with a competing interest, on the Board.

Full Decision Text1 Pages

This case involves a lien claimant, California Affordable Care, seeking reconsideration or removal of an order approving a stipulation between the defendant and another provider, West Coast Nursing. The petitioner argued the WCJ erred by ordering payment without West Coast Nursing complying with specific board rules and questioned its standing. The Appeals Board dismissed the reconsideration petition, finding the petitioner was not aggrieved by the order as their lien was not yet determined. Removal was denied, as the petitioner failed to show irreparable harm and their due process rights were preserved via a scheduled status conference. Furthermore, the petition would have been dismissed for failing to serve West Coast Nursing, a party with a competing interest, on the Board.

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MANUEL TORRES vs. NATIONAL DECK STAIR CORPORATION, STATE COMPENSATION INSURANCE FUND (2009) – | CompFox