CompFox AI Summary
This case involves a lien claimant, Resource Pharmacy, whose lien was dismissed by operation of law in EAMS due to a clerical error in listing the wrong lien reservation number. The Appeals Board dismissed the Petition for Removal, finding that the issue of correcting the clerical error and removing the dismissal notation should first be addressed by a Workers' Compensation Judge (WCJ). Lien claimants are entitled to due process, including a hearing to potentially set aside a dismissal based on mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473(b). The Appeals Board emphasized the policy of favoring hearings on the merits and allowing parties a chance to correct errors.
Full Decision Text1 Pages
This case involves a lien claimant, Resource Pharmacy, whose lien was dismissed by operation of law in EAMS due to a clerical error in listing the wrong lien reservation number. The Appeals Board dismissed the Petition for Removal, finding that the issue of correcting the clerical error and removing the dismissal notation should first be addressed by a Workers' Compensation Judge (WCJ). Lien claimants are entitled to due process, including a hearing to potentially set aside a dismissal based on mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473(b). The Appeals Board emphasized the policy of favoring hearings on the merits and allowing parties a chance to correct errors.
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