Home/Case Law/MIRIAM URETA vs. CATEGO CORPORATION, dba BURGER KING, STATE FARM INSURANCE COMPANIES
Regular Decision

MIRIAM URETA vs. CATEGO CORPORATION, dba BURGER KING, STATE FARM INSURANCE COMPANIES

Filed: Jul 24, 2013
San Francisco
ADJ142792 (SBR 0328550)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by lien claimants as untimely. Despite the lien claimants' assertion of non-receipt, the WCAB found proof of service rebutted their claim, presuming timely mail delivery. Furthermore, the petition was also dismissed for lack of proper verification, as required by WCAB rules. Even if timely and verified, the petition would have been denied on the merits due to a failure to demonstrate substantial prejudice or irreparable harm.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by lien claimants as untimely. Despite the lien claimants' assertion of non-receipt, the WCAB found proof of service rebutted their claim, presuming timely mail delivery. Furthermore, the petition was also dismissed for lack of proper verification, as required by WCAB rules. Even if timely and verified, the petition would have been denied on the merits due to a failure to demonstrate substantial prejudice or irreparable harm.

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