Cede v. American National Insurance Co., 072197 KYWC, LAO 729720

Case DateJuly 21, 1997
CourtCalifornia
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...

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