CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a WCJ's decision that dismissed a lien claimant's case due to the applicant's claim being dismissed for lack of prosecution. The WCAB held that the dismissal of the applicant's claim does not automatically dismiss lien claims. Lien claimants become parties by operation of law when the applicant's claim is dismissed, and the WCAB retains jurisdiction to adjudicate these outstanding lien claims. The matter was returned to the WCJ for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a WCJ's decision that dismissed a lien claimant's case due to the applicant's claim being dismissed for lack of prosecution. The WCAB held that the dismissal of the applicant's claim does not automatically dismiss lien claims. Lien claimants become parties by operation of law when the applicant's claim is dismissed, and the WCAB retains jurisdiction to adjudicate these outstanding lien claims. The matter was returned to the WCJ for further proceedings.
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