CompFox AI Summary
The lien claimant, Labs for Physicians & Surgeons, sought removal of an EAMS notation dismissing its lien by operation of law due to a clerical error in filing a required declaration. The Appeals Board vacated its prior grant of reconsideration and dismissed the petition for removal. This decision allows the lien claimant to seek relief at the trial level, where a WCJ can determine if there's good cause to correct the error and remove the dismissal notation. The Board emphasized due process rights, including the right to a hearing on whether the dismissal should be set aside due to mistake or excusable neglect.
Full Decision Text1 Pages
The lien claimant, Labs for Physicians & Surgeons, sought removal of an EAMS notation dismissing its lien by operation of law due to a clerical error in filing a required declaration. The Appeals Board vacated its prior grant of reconsideration and dismissed the petition for removal. This decision allows the lien claimant to seek relief at the trial level, where a WCJ can determine if there's good cause to correct the error and remove the dismissal notation. The Board emphasized due process rights, including the right to a hearing on whether the dismissal should be set aside due to mistake or excusable neglect.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.