Home/Case Law/TOMAS RAMIREZ vs. ALIANZA RECYCLING & RECOVERY, TRAVELERS CASUALTY COMPANY OF AMERICA
Regular DecisionReconsideration

TOMAS RAMIREZ vs. ALIANZA RECYCLING & RECOVERY, TRAVELERS CASUALTY COMPANY OF AMERICA

Filed: Dec 09, 2013
Bakersfield
ADJ7449303

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order dismissing Dr. Moelleken's lien claim for failure to pay a lien activation fee. The WCJ's subsequent rescission of this dismissal was void as it occurred outside the statutory 15-day window. However, the WCAB found that due to a federal injunction against the lien activation fee and the extenuating circumstances preventing timely Board review, they would grant the lien claimant's original petition. Therefore, the dismissal of Dr. Moelleken's lien was rescinded, and the case was returned for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order dismissing Dr. Moelleken's lien claim for failure to pay a lien activation fee. The WCJ's subsequent rescission of this dismissal was void as it occurred outside the statutory 15-day window. However, the WCAB found that due to a federal injunction against the lien activation fee and the extenuating circumstances preventing timely Board review, they would grant the lien claimant's original petition. Therefore, the dismissal of Dr. Moelleken's lien was rescinded, and the case was returned for further proceedings.

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