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SERGIO ENCISO vs. TOYS R US, BARRETT BUSINESS SERVICES, INC., ZURICH NORTH AMERICA

Filed: Jun 07, 2017
Pomona
ADJ9447000

CompFox AI Summary

The Workers' Compensation Appeals Board granted removal and rescinded a Minute Order that had stayed a lien claim. The WCJ had found the lien stayed under Labor Code section 4615 based on an indictment of a co-defendant, Dr. Johnson. However, the Board found the WCJ erred by not allowing evidence on Dr. Johnson's relationship to the lien claimant and his indictment status. Crucially, the charges against Dr. Johnson were dismissed post-order, rendering the stay moot.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted removal and rescinded a Minute Order that had stayed a lien claim. The WCJ had found the lien stayed under Labor Code section 4615 based on an indictment of a co-defendant, Dr. Johnson. However, the Board found the WCJ erred by not allowing evidence on Dr. Johnson's relationship to the lien claimant and his indictment status. Crucially, the charges against Dr. Johnson were dismissed post-order, rendering the stay moot.

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SERGIO ENCISO vs. TOYS R US, BARRETT BUSINESS SERVICES, INC., ZURICH NORTH AMERICA (2017) – Pomona | CompFox