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Here's a summary of the case for a lawyer:
The Workers' Compensation Appeals Board denied a Petition for Removal, deeming it an extraordinary remedy not warranted in this case. The petitioner, a lien claimant, argued the Administrative Law Judge (ALJ) improperly expanded a lien conference to include a costs and sanctions petition, violating due process and causing prejudice. The Appeals Board found the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The ALJ's decision to consolidate the lien claim with the sanctions issue was deemed appropriate for judicial economy, particularly given the age of the lien claimant.
Full Decision Text1 Pages
Here's a summary of the case for a lawyer:
The Workers' Compensation Appeals Board denied a Petition for Removal, deeming it an extraordinary remedy not warranted in this case. The petitioner, a lien claimant, argued the Administrative Law Judge (ALJ) improperly expanded a lien conference to include a costs and sanctions petition, violating due process and causing prejudice. The Appeals Board found the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The ALJ's decision to consolidate the lien claim with the sanctions issue was deemed appropriate for judicial economy, particularly given the age of the lien claimant.
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