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Case No. ADJ7636299, ADJ7826980

Regular

Apr 08, 2013

AVELINA RUBY CEDENO LOPEZ vs. NORTH HILLS RETIREMENT HOTEL, OAK RIVER INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This Workers' Compensation Appeals Board case, involving Avelina Ruby Cedeno Lopez as Applicant and North Hills Retirement Hotel and Oak River Insurance Company as Defendants, resulted in the dismissal of a Petition for Reconsideration. The Board adopted the administrative law judge's report, finding the petition was untimely filed. Specifically, the lien claimant failed to file within the required 20 days plus 5 days for mailing. Consequently, the petition was dismissed as a procedural defect.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ Report and RecommendationLabor Code Section 5903Code of Civil Procedure Section 1013Lien ClaimantDismissalAdministrative Law JudgeADJ7636299

References

Case No. MISSING

Regular Panel Decision

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority

References

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AVELINA RUBY CEDENO LOPEZ vs. NORTH HILLS RETIREMENT HOTEL, OAK RIVER INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Claim of Cedeno v. Pacoa

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority