Morton

Morton v. Workers' Compensation Appeals Board

Good Law
193 Cal. App. 3d 924·1987 Cal. App. LEXIS 1951·238 Cal. Rptr. 651·52 Cal. Comp. Cases 315
Court of Appeal of CaliforniaJuly 22, 1987B023140California2,312 words

Opinion

Opinion

Feinerman, J.

In this certiorari proceeding, Ralph W. Morton (petitioner), as representative of a medical lien claimant, seeks annulment of an order of respondent Workers’ Compensation Appeals Board (Board) adjudging petitioner guilty of contempt and imposing a $250 fine for his failure to appear at a hearing of the lien claim.

We conclude that the Board denied petitioner due process of law, and hence, the Board’s decision must be annulled.

Background

Applicant Lucille Lydon claimed workers’ compensation benefits for injury sustained in the course of her employment by defendant Monterey Club, insured by defendant Royal Globe Insurance Company. Her proof included medical reports and bills of her self-procured physician, Dr. Rose. Applicant’s claim was settled by an approved compromise and release which provided in part that defendant insurer would pay all medical bills for self-procured treatment prior to settlement.

Thereafter, petitioner, as representative of Dr. Rose, requested a hearing before the workers’ compensation judge (WCJ) on the issues of medical and legal costs, as well as penalty and interest thereon.

The matter was noticed for hearing on June 7, 1984. Petitioner did…

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