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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order disallowing a lien claimant's lien. The lien claimant failed to file a required Labor Code section 4903.05(c) declaration, leading to dismissal by operation of law. However, the lien claimant asserted the failure was due to a software error and that they attempted to file the declaration later. The Board found that due process requires an evidentiary hearing to determine if the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.
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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order disallowing a lien claimant's lien. The lien claimant failed to file a required Labor Code section 4903.05(c) declaration, leading to dismissal by operation of law. However, the lien claimant asserted the failure was due to a software error and that they attempted to file the declaration later. The Board found that due process requires an evidentiary hearing to determine if the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.
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