CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding the WCJ erred in placing the burden of proof on the lien claimant. The WCAB granted removal on its own motion, rescinded the WCJ's findings, and returned the case to the trial level. The Board concluded that a declaration made under penalty of perjury is prima facie evidence, and the defendant failed to meet its burden of proving the declaration false. Therefore, the case requires further proceedings to address other lien claim issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding the WCJ erred in placing the burden of proof on the lien claimant. The WCAB granted removal on its own motion, rescinded the WCJ's findings, and returned the case to the trial level. The Board concluded that a declaration made under penalty of perjury is prima facie evidence, and the defendant failed to meet its burden of proving the declaration false. Therefore, the case requires further proceedings to address other lien claim issues.
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