CompFox AI Summary
The Appeals Board granted reconsideration, rescinded the WCJ's Minute Order, and returned the case to the trial level. The WCJ had taken the matter off calendar and "inferentially dismissed" the lien claim, reasoning it was dismissed when the underlying case was dismissed. The Board found the lien claimant's petition for reconsideration timely and determined that the dismissal of the case-in-chief does not automatically dismiss a properly filed lien claim. Therefore, the lien claimant was denied due process and a fair hearing, and the lien claim remains viable.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the WCJ's Minute Order, and returned the case to the trial level. The WCJ had taken the matter off calendar and "inferentially dismissed" the lien claim, reasoning it was dismissed when the underlying case was dismissed. The Board found the lien claimant's petition for reconsideration timely and determined that the dismissal of the case-in-chief does not automatically dismiss a properly filed lien claim. Therefore, the lien claimant was denied due process and a fair hearing, and the lien claim remains viable.
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