CompFox AI Summary
The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding an order that dismissed their lien. This dismissal was found to be a violation of due process because the WCJ failed to issue a proper Notice of Intention before dismissing the lien for non-appearance at a conference. The Board is returning the case to the trial level for the WCJ to issue a new Notice of Intention and for further proceedings. Additionally, sanctions may be imposed on the lien claimant and their representatives for frivolous conduct and delay.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding an order that dismissed their lien. This dismissal was found to be a violation of due process because the WCJ failed to issue a proper Notice of Intention before dismissing the lien for non-appearance at a conference. The Board is returning the case to the trial level for the WCJ to issue a new Notice of Intention and for further proceedings. Additionally, sanctions may be imposed on the lien claimant and their representatives for frivolous conduct and delay.
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