Home/Case Law/THOMAS MATHENY vs. CATALINA WATER COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Administered By XCHANGING For FREMONT INSURANCE COMPANY, In Liquidation
Regular DecisionReconsideration

THOMAS MATHENY vs. CATALINA WATER COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Administered By XCHANGING For FREMONT INSURANCE COMPANY, In Liquidation

Filed: Aug 30, 2010
ADJ1737228 (LBO 0307803)

CompFox AI Summary

The California Workers' Compensation Appeals Board granted reconsideration of an order directing the defendant to pay a lien due to defective service. The defendant argued it did not receive notice of the lien claim or the order until after the deadline to object, thus being denied due process. The Board found issues with case number referencing and service of the Notice of Intention to Pay Lien, noting the defendant had not had a proper opportunity to present its defense. Consequently, the Board rescinded the order and returned the matter for further proceedings.

Full Decision Text1 Pages

The California Workers' Compensation Appeals Board granted reconsideration of an order directing the defendant to pay a lien due to defective service. The defendant argued it did not receive notice of the lien claim or the order until after the deadline to object, thus being denied due process. The Board found issues with case number referencing and service of the Notice of Intention to Pay Lien, noting the defendant had not had a proper opportunity to present its defense. Consequently, the Board rescinded the order and returned the matter for further proceedings.

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