Ferreira Murillo, Jose

The WCAB, on its own motion under Labor Code section 5310, removed this matter and issued a Notice of Intention to rescind the April 23, 2019 Order Awarding Attorney Fees and vacate the March 14, 2019 Notice of Intention to Award Attorney Fees. The underlying fees stemmed from a 2016 finding that lien claimant California Physician Network, LLC and its employee Dennise Mejia engaged in bad faith tactics under section 5813. The Board found the NIT and Order procedurally and substantively defective because they misidentified the liable parties (e.g., 'California Physicians Network,' 'Cal Physician Network') and failed to separately serve Dennise Mejia as an individual. Rejecting defendant's argument that nunc pro tunc correction was appropriate, the Board held that retroactive amendment cannot satisfy due process notice requirements. The Board rescinded the Order, vacated the NIT, and returned the matter to the WCJ for further proceedings, while preserving the underlying September 27, 2016 order awarding fees in an amount to be determined.