Morton
Morton v. Workers' Compensation Appeals Board
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.