CompFox AI Summary
This case involves a lien claimant's petition for reconsideration after its $12,772.99 lien was dismissed by the WCJ for failing to appear at a trial. The lien claimant argued the non-appearance was due to a calendaring conflict, though the WCJ initially found no objection was filed. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. This was based on the WCJ's protracted delay in dismissing the lien, the failure to address the lien claimant's objection to the dismissal notice, and the defendant's procedural defect in seeking dismissal for lack of prosecution.
Full Decision Text1 Pages
This case involves a lien claimant's petition for reconsideration after its $12,772.99 lien was dismissed by the WCJ for failing to appear at a trial. The lien claimant argued the non-appearance was due to a calendaring conflict, though the WCJ initially found no objection was filed. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. This was based on the WCJ's protracted delay in dismissing the lien, the failure to address the lien claimant's objection to the dismissal notice, and the defendant's procedural defect in seeking dismissal for lack of prosecution.
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