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The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien with prejudice. The original order was based on the administrative law judge's finding that the lien claimant had no evidence regarding its lien, particularly concerning the applicant's employment status. However, the Board found that the lien claimant was denied due process, having not received proper notice or an opportunity to be heard on the employment issue, which was only raised at the lien hearing. The case is returned for further proceedings before a different administrative law judge.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien with prejudice. The original order was based on the administrative law judge's finding that the lien claimant had no evidence regarding its lien, particularly concerning the applicant's employment status. However, the Board found that the lien claimant was denied due process, having not received proper notice or an opportunity to be heard on the employment issue, which was only raised at the lien hearing. The case is returned for further proceedings before a different administrative law judge.
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