Home/Case Law/MARTHA FLORES vs. REAL MEX RESTAURANTS; Administered by GALLAGHER BASSETT
Regular DecisionReconsideration

MARTHA FLORES vs. REAL MEX RESTAURANTS; Administered by GALLAGHER BASSETT

Filed: Dec 24, 2019
Los Angeles
ADJ9824600

CompFox AI Summary

The Appeals Board granted the defendant's petition for reconsideration, rescinded the WCJ's prior findings, and returned the case for further proceedings. The Board found that the WCJ failed to rule on evidentiary objections and did not provide sufficient findings to support awards for sanctions and attorney fees. This decision is based on newly clarified burdens of proof for lien claimants and the requirement for clear findings on admitted evidence. The WCJ must now address these issues and issue a new decision consistent with the Board's guidance.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for reconsideration, rescinded the WCJ's prior findings, and returned the case for further proceedings. The Board found that the WCJ failed to rule on evidentiary objections and did not provide sufficient findings to support awards for sanctions and attorney fees. This decision is based on newly clarified burdens of proof for lien claimants and the requirement for clear findings on admitted evidence. The WCJ must now address these issues and issue a new decision consistent with the Board's guidance.

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