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The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing a lien claim filed by Strohbach Chiropractic. The dismissal was based on the lien claimant's failure to appear at a conference and failure to object to a notice of intention to disallow the lien. The WCAB found that a dismissal solely for non-appearance is not a proper disallowance on the merits and does not provide due process. The case was returned to the trial level for a decision on the merits of the lien.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing a lien claim filed by Strohbach Chiropractic. The dismissal was based on the lien claimant's failure to appear at a conference and failure to object to a notice of intention to disallow the lien. The WCAB found that a dismissal solely for non-appearance is not a proper disallowance on the merits and does not provide due process. The case was returned to the trial level for a decision on the merits of the lien.
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