CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to Sam's Club's petition after an order was issued to pay a $$12,504.04$ lien without a hearing. While a proof of service indicated Sam's Club was notified of the lien conference, the Board found that Labor Code section 5506 requires a hearing if a defendant fails to appear or object, not a default. Therefore, the previous order was rescinded, and the case was returned to the trial level for a hearing on the merits of the lien claim. The trial judge may also consider sanctions against the defendant for their non-appearance and failure to object.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to Sam's Club's petition after an order was issued to pay a $$12,504.04$ lien without a hearing. While a proof of service indicated Sam's Club was notified of the lien conference, the Board found that Labor Code section 5506 requires a hearing if a defendant fails to appear or object, not a default. Therefore, the previous order was rescinded, and the case was returned to the trial level for a hearing on the merits of the lien claim. The trial judge may also consider sanctions against the defendant for their non-appearance and failure to object.
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