CompFox AI Summary
This case involves a lien claimant, Thomas Hewko/Back Pain Clinic, seeking reconsideration after their lien was dismissed. The WCAB granted reconsideration, finding that when the applicant dismissed her case without prejudice, the lien claimant became a party with the right to litigate their claim. The prior order dismissing the lien was rescinded, and the matter was remanded for further proceedings. The Appeals Board concluded that lien claimants actively pursuing their claims become parties when the applicant withdraws their case, entitling them to due process.
Full Decision Text1 Pages
This case involves a lien claimant, Thomas Hewko/Back Pain Clinic, seeking reconsideration after their lien was dismissed. The WCAB granted reconsideration, finding that when the applicant dismissed her case without prejudice, the lien claimant became a party with the right to litigate their claim. The prior order dismissing the lien was rescinded, and the matter was remanded for further proceedings. The Appeals Board concluded that lien claimants actively pursuing their claims become parties when the applicant withdraws their case, entitling them to due process.
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