Julio Cedeno

Lien claimants Beverly Radiology Medical Group, Internal Associates Medical Group, and Neurologic Orthopedic Associates Medical Group filed a Petition for Removal asserting they were denied due process in the case of applicant Julio Cedeno, who claimed a January 9, 1991 injury while working for American National Insurance Co. (insured by CNA Insurance Co.). The lien claimants were not notified of the mandatory settlement conference or trial dates, were denied the opportunity to conduct discovery, and were told they could only submit proposed cross-examination questions to applicant's attorney rather than examine witnesses directly. The WCAB agreed that the lien claimants were denied due process and that this denial would result in substantial prejudice. The Board granted removal and remanded the matter to the trial level with guidance to allow the lien claimants to frame stipulations and issues, conduct discovery, and offer evidence. The Board denied the lien claimants' request to reassign the matter to another WCR due to the absence of a supporting affidavit and any showing of bias.