Home/Case Law/SARA HERNANDEZ vs. PORTILLOS HOT DOGS, INC., CNA CLAIMS PLUS
Regular DecisionWorkers' Compensation

SARA HERNANDEZ vs. PORTILLOS HOT DOGS, INC., CNA CLAIMS PLUS

Filed: Jun 09, 2016
Anaheim
ADJ7337941

CompFox AI Summary

This case involves a lien claimant, Foundation Medical Group (FMG), seeking reconsideration of an order dismissing their lien. FMG argued the dismissal was procedurally improper and due to excusable neglect by their representative, Sheri Breeding, who missed a lien conference. However, the Workers' Compensation Appeals Board (WCAB) found FMG's claims unsupported by evidence. The WCAB adopted the Workers' Compensation Judge's report, which concluded that FMG's notice of representation was untimely and FMG failed to demonstrate excusable neglect for their non-appearance. Therefore, the WCAB denied the Petition for Reconsideration and admonished FMG's representatives for inconsistencies and disregard of rules.

Full Decision Text1 Pages

This case involves a lien claimant, Foundation Medical Group (FMG), seeking reconsideration of an order dismissing their lien. FMG argued the dismissal was procedurally improper and due to excusable neglect by their representative, Sheri Breeding, who missed a lien conference. However, the Workers' Compensation Appeals Board (WCAB) found FMG's claims unsupported by evidence. The WCAB adopted the Workers' Compensation Judge's report, which concluded that FMG's notice of representation was untimely and FMG failed to demonstrate excusable neglect for their non-appearance. Therefore, the WCAB denied the Petition for Reconsideration and admonished FMG's representatives for inconsistencies and disregard of rules.

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