CompFox AI Summary
A lien claimant's petition for reconsideration was denied by operation of law because it was improperly labeled in the Electronic Adjudication Management System, preventing the Appeals Board from timely acting on it. The Board determined the lien claimant's error, not any fault of the Board, prevented the petition from being considered within the statutory 60-day period. Furthermore, the petition was sought from a procedural order, not a final determination of substantive rights or liabilities, which is a prerequisite for reconsideration. Therefore, the petition would have been dismissed even if properly filed.
Full Decision Text1 Pages
A lien claimant's petition for reconsideration was denied by operation of law because it was improperly labeled in the Electronic Adjudication Management System, preventing the Appeals Board from timely acting on it. The Board determined the lien claimant's error, not any fault of the Board, prevented the petition from being considered within the statutory 60-day period. Furthermore, the petition was sought from a procedural order, not a final determination of substantive rights or liabilities, which is a prerequisite for reconsideration. Therefore, the petition would have been dismissed even if properly filed.
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