CompFox AI Summary
This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failing to attend a mandatory settlement conference (MSC). The Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level. The Board found that the lien claimant was not required to attend the MSC because the case had not yet settled, and the defendant failed to properly notify or attempt to contact the lien claimant regarding the settlement. Additionally, while the lien claimant's objection to the dismissal notice was technically one day late, the significant delay by the WCJ in acting on it rendered the dismissal improper.
Full Decision Text1 Pages
This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failing to attend a mandatory settlement conference (MSC). The Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level. The Board found that the lien claimant was not required to attend the MSC because the case had not yet settled, and the defendant failed to properly notify or attempt to contact the lien claimant regarding the settlement. Additionally, while the lien claimant's objection to the dismissal notice was technically one day late, the significant delay by the WCJ in acting on it rendered the dismissal improper.
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