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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order dismissing a lien claim. The lien claimant asserted it was never served with a Notice of Intention to Dismiss (NIT) and thus denied due process. The WCAB found no proof of service for the NIT in the record, agreeing that the lien claimant was denied proper notice and an opportunity to be heard. Consequently, the matter was returned to the WCJ to allow the lien claimant statutory time to respond to the NIT.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order dismissing a lien claim. The lien claimant asserted it was never served with a Notice of Intention to Dismiss (NIT) and thus denied due process. The WCAB found no proof of service for the NIT in the record, agreeing that the lien claimant was denied proper notice and an opportunity to be heard. Consequently, the matter was returned to the WCJ to allow the lien claimant statutory time to respond to the NIT.
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