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The Appeals Board rescinded the WCJ's order dismissing a lien claimant's lien after granting reconsideration. Initially, sanctions were considered against the lien claimant for failing to appear at a lien trial. However, the Board found the lien claimant's representative was present and attempted to contact defense counsel, who did not reciprocate. Given the circumstances and the representative's timely objection to the dismissal notice, sanctions were not imposed. The matter was returned to the trial level for a hearing on the merits of the lien, if necessary.
Full Decision Text1 Pages
The Appeals Board rescinded the WCJ's order dismissing a lien claimant's lien after granting reconsideration. Initially, sanctions were considered against the lien claimant for failing to appear at a lien trial. However, the Board found the lien claimant's representative was present and attempted to contact defense counsel, who did not reciprocate. Given the circumstances and the representative's timely objection to the dismissal notice, sanctions were not imposed. The matter was returned to the trial level for a hearing on the merits of the lien, if necessary.
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