JULIO CEDE Applicant,
v.
AMERICAN NATIONAL INSURANCE CO.; CNA INSURANCE CO., Defendant.
No. LAO 729720
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
July 21, 1997
OPINION
AND ORDER GRANTING REMOVAL AND DECISION AFTER
REMOVAL
ROBERT
N. RUGGLES
Lien
claimants Beverly Radiology Medical Group, Internal
Associates Medical Group, and Neurologic Orthopedic
Associates Medical Group filed a Petition for Removal which
asserts that they were denied due process when they were not
allowed to participate in discovery and litigation of the
issues. Although several hearings were held in this case, the
presentation of evidence was not completed and no final
decision or order was issued. For the reasons discussed
below, we agree with the lien claimants' assertion that
they were denied due process. We will grant removal and
return this matter to the trial level with guidance as to how
to proceed.
Applicant
claimed that he suffered a injury on January 9, 1991, while
working for American National Insurance Co., which was then
insured for workers' compensation liability by CNA
Insurance Co. The lien claimants alleged that they provided
services to applicant and that their liens were served upon
defendants in 1991 and 1992. On May 31, 1996, applicant filed
an Application for Adjudication and a mandatory settlement
conference was held on August 15, 1996. Among the documents
filed with the Application was a copy of a lien of Neurologic
Orthopedic Associates. However, neither Neurologic Orthopedic
Associates nor the other lien claimants received notice of
the mandatory settlement conference.
At the
mandatory settlement conference, the workers'
compensation referee (WCR) noted that "Discovery is
closed" and continued the matter to trial on September
20, 1996. The lien claimants were not served with notice of
the trial. There was insufficient time to complete all of the
testimony on September 20 so the matter was continued to
October 28, 1996. The lien claimants were not served with
notice of the October 28 hearing but they learned of it and
appeared at that hearing and at subsequent...