CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration on its own motion to address a lien claimant's procedural error. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss. However, the lien claimant asserted they were available by phone and that a subsequent dismissal order was issued inadvertently by the judge. The Board found that due process required the judge to consider the claimant's objections before dismissal. Therefore, the dismissal order was rescinded, and the case was returned for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration on its own motion to address a lien claimant's procedural error. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss. However, the lien claimant asserted they were available by phone and that a subsequent dismissal order was issued inadvertently by the judge. The Board found that due process required the judge to consider the claimant's objections before dismissal. Therefore, the dismissal order was rescinded, and the case was returned for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.