Home/Case Law/SANDRA MONTES vs. DANISH BAKING COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY, EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionReconsideration

SANDRA MONTES vs. DANISH BAKING COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Sep 15, 2015
Van Nuys
ADJ919951 (VNO 0521382)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board found the petition invalid due to the lien claimant's failure to properly serve the attorneys of record for the defendant, violating Labor Code sections and Board rules. This procedural defect alone warranted denial, and the Board also adopted the WCJ's recommendation to deny on the merits. The WCJ had dismissed the lien after the claimant failed to appear at a conference and object to a notice of intention to dismiss.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board found the petition invalid due to the lien claimant's failure to properly serve the attorneys of record for the defendant, violating Labor Code sections and Board rules. This procedural defect alone warranted denial, and the Board also adopted the WCJ's recommendation to deny on the merits. The WCJ had dismissed the lien after the claimant failed to appear at a conference and object to a notice of intention to dismiss.

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