Rodriguez, Zaragoza

Lien claimant CCPOA Benefit Trust Fund sought reconsideration of a November 28, 2021 Award approving Stipulations between applicant Zaragoza Rodriguez and SCIF that held defendant harmless as to CCPOA's lien for living expenses ($37,826.00) paid from April 24, 2015 to March 23, 2016, with applicant agreeing to resolve the lien separately. CCPOA argued its lien should have been included in the Award under Labor Code sections 4903(c) and 4903.1(a)(3), and that it was never served with the proposed Stipulations or Award, violating due process. The Board found CCPOA was aggrieved because its lien was referenced in the settlement, giving it standing, and that it was denied due process because it was not served. The Board also rejected applicant's timeliness argument, finding the Award was defectively served so the time limit ran from CCPOA's actual notice on August 29, 2022. The Board rescinded the Award and returned the matter to the trial level for further proceedings.