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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Joint Findings and Award. The WCAB found that the lien claimant was not afforded due process as its witness failed to appear at two trials, but the reasons for his absence were not adequately adjudicated. Consequently, the case is returned to the trial judge for further proceedings to determine if there was good cause for the witness's absence. This decision does not rule on the validity of the lien or the witness's reasons for absence, only on the prior award of costs to the defendant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Joint Findings and Award. The WCAB found that the lien claimant was not afforded due process as its witness failed to appear at two trials, but the reasons for his absence were not adequately adjudicated. Consequently, the case is returned to the trial judge for further proceedings to determine if there was good cause for the witness's absence. This decision does not rule on the validity of the lien or the witness's reasons for absence, only on the prior award of costs to the defendant.
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