CompFox AI Summary
This case concerns a lien claimant, Med-Legal Photocopy, whose lien for record copying services was disallowed by the WCJ who also imposed attorney's fees for frivolous tactics. The Appeals Board granted reconsideration, finding the WCJ applied an incorrect standard for determining if a "contested claim" existed. The matter is returned to the trial level for the WCJ to reassess the lien claimant's burden of proof regarding the contested claim status and the reasonableness of the expenses. Sanctions may still be appropriate if the lien claimant fails to meet this burden on remand.
Full Decision Text1 Pages
This case concerns a lien claimant, Med-Legal Photocopy, whose lien for record copying services was disallowed by the WCJ who also imposed attorney's fees for frivolous tactics. The Appeals Board granted reconsideration, finding the WCJ applied an incorrect standard for determining if a "contested claim" existed. The matter is returned to the trial level for the WCJ to reassess the lien claimant's burden of proof regarding the contested claim status and the reasonableness of the expenses. Sanctions may still be appropriate if the lien claimant fails to meet this burden on remand.
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