CompFox AI Summary
This case involves a deceased applicant whose death was determined by an Agreed Medical Evaluator to be unrelated to his industrial injury. The defendant sought dismissal of the claim, but the WCJ initially included a provision requiring all liens to be resolved first. The Appeals Board granted the defendant's Petition for Removal, finding no statutory basis to delay dismissal pending lien resolution, especially since lien claimants were properly served and did not object. The Board amended the Notice of Intent to Dismiss, removing the lien resolution requirement, and ordered the Application for Adjudication of Claim dismissed.
Full Decision Text1 Pages
This case involves a deceased applicant whose death was determined by an Agreed Medical Evaluator to be unrelated to his industrial injury. The defendant sought dismissal of the claim, but the WCJ initially included a provision requiring all liens to be resolved first. The Appeals Board granted the defendant's Petition for Removal, finding no statutory basis to delay dismissal pending lien resolution, especially since lien claimants were properly served and did not object. The Board amended the Notice of Intent to Dismiss, removing the lien resolution requirement, and ordered the Application for Adjudication of Claim dismissed.
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