CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's Amended Findings of Fact and Order, and returned the matter for further proceedings. The Board found that the lien claimant's arguments regarding the "Kiefer presumption" and the effect of the settlement were statutorily incorrect and unsupported by law. Furthermore, the Board noted a due process issue as the parties were not properly notified that the matter was being re-submitted for decision. The WCJ is instructed to issue a Notice of Intention to re-submit, allowing parties to respond, and conduct further appropriate proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's Amended Findings of Fact and Order, and returned the matter for further proceedings. The Board found that the lien claimant's arguments regarding the "Kiefer presumption" and the effect of the settlement were statutorily incorrect and unsupported by law. Furthermore, the Board noted a due process issue as the parties were not properly notified that the matter was being re-submitted for decision. The WCJ is instructed to issue a Notice of Intention to re-submit, allowing parties to respond, and conduct further appropriate proceedings.
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