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En Banc DecisionEn Banc

Tito Torres vs. AJC Sandblasting, Zurich North America

Filed: Nov 15, 2012
Los Angeles
ADJ909554 (LAO 0824849), ADJ1856854 (LAO 0837910)

CompFox AI Summary

The Workers' Compensation Appeals Board disallowed a lien claim, affirming that a lien claimant must prove all elements of their case by a preponderance of evidence and cannot shift the burden of proof to the defendant merely by submitting a bill. The Board also found that proceeding to trial with evidence incapable of meeting this burden constitutes frivolous, bad-faith tactics warranting sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board disallowed a lien claim, affirming that a lien claimant must prove all elements of their case by a preponderance of evidence and cannot shift the burden of proof to the defendant merely by submitting a bill. The Board also found that proceeding to trial with evidence incapable of meeting this burden constitutes frivolous, bad-faith tactics warranting sanctions.

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