CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, vacating a scheduled lien trial. The defendant argued the trial judge lacked authority to set a hearing for a lien previously dismissed with prejudice for failure to timely pay the activation fee. The Board agreed that proceeding with the trial would cause irreparable harm, as the lien was already finalized and dismissed before a federal injunction affected lien activation fee collection. Therefore, the lien trial was ordered vacated.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, vacating a scheduled lien trial. The defendant argued the trial judge lacked authority to set a hearing for a lien previously dismissed with prejudice for failure to timely pay the activation fee. The Board agreed that proceeding with the trial would cause irreparable harm, as the lien was already finalized and dismissed before a federal injunction affected lien activation fee collection. Therefore, the lien trial was ordered vacated.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.