Rodrigo Zelaya vs. UNIVERSITY OF CALIFORNIA, LOS ANGELES, Permissibly Self-Insured As Administered By SEDGWICK CMS

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, affirming the WCJ's decision to proceed with a lien trial. The Board found that the WCJ properly followed discretionary procedures under WCAB Rule 10562(d) by setting a trial date while a Notice of Intent to Dismiss was pending. The lien claimant's due process arguments were rejected as their representative failed to present evidence or adequately justify their absence at the lien conference. The Board also noted the lien representative's unprofessional conduct during the proceedings.