Home/Case Law/XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA
Regular DecisionReconsideration

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

Filed: Feb 19, 2019
Oakland
ADJ10871045 ADJ10871047 ADJ10871049

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

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