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The Appeals Board granted reconsideration of the WCJ's decision which denied a lien claim due to the lien claimant's non-appearance at trial. The Board found the WCJ failed to follow proper procedure by not issuing a notice of intention to dismiss or hearing evidence after the claimant's absence. Consequently, the WCJ's decision was rescinded, and the case is remanded for further proceedings to ensure due process for the lien claimant. The Board also noted the potential for sanctions against the lien claimant for failing to appear.
Full Decision Text1 Pages
The Appeals Board granted reconsideration of the WCJ's decision which denied a lien claim due to the lien claimant's non-appearance at trial. The Board found the WCJ failed to follow proper procedure by not issuing a notice of intention to dismiss or hearing evidence after the claimant's absence. Consequently, the WCJ's decision was rescinded, and the case is remanded for further proceedings to ensure due process for the lien claimant. The Board also noted the potential for sanctions against the lien claimant for failing to appear.
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