Home/Case Law/ROSARIO ESPINOZA vs. RECHE CANYON CONVALESCENT, STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

ROSARIO ESPINOZA vs. RECHE CANYON CONVALESCENT, STATE COMPENSATION INSURANCE FUND

Filed: Mar 24, 2010
San Francisco
ADJ1603747 (LBO 0364640) ADJ6857559

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration/removal. The defendant argued they were denied due process by an administrative order compelling document production, as they claimed never to have received the underlying motion and lacked opportunity to respond. However, the WCAB found the petition moot because the disputed lien claim was subsequently resolved by stipulation and order. The WCAB also noted the defendant's petition was filed the day before a hearing where the issue could have been rectified, and questioned why the defendant didn't withdraw the petition after the resolution.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration/removal. The defendant argued they were denied due process by an administrative order compelling document production, as they claimed never to have received the underlying motion and lacked opportunity to respond. However, the WCAB found the petition moot because the disputed lien claim was subsequently resolved by stipulation and order. The WCAB also noted the defendant's petition was filed the day before a hearing where the issue could have been rectified, and questioned why the defendant didn't withdraw the petition after the resolution.

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