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The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.
MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.
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