CompFox AI Summary
The WCAB granted Mesa Pharmacy's Petition for Removal, finding the WCJ erred by automatically staying Mesa's lien based on a stipulation in a separate case. The Board determined Mesa has a due process right to argue the applicability of Labor Code section 4615 to its lien, even if it stipulated to the stay elsewhere. The matter was returned to the trial level for further proceedings consistent with a prior consolidation order addressing common issues regarding the section 4615 stay and Mesa Pharmacy's liens.
Full Decision Text1 Pages
The WCAB granted Mesa Pharmacy's Petition for Removal, finding the WCJ erred by automatically staying Mesa's lien based on a stipulation in a separate case. The Board determined Mesa has a due process right to argue the applicability of Labor Code section 4615 to its lien, even if it stipulated to the stay elsewhere. The matter was returned to the trial level for further proceedings consistent with a prior consolidation order addressing common issues regarding the section 4615 stay and Mesa Pharmacy's liens.
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