CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of whether the applicant's neck injury was industrial was sufficiently raised at the mandatory settlement conference, despite the initial disallowance of a lien for neck surgery. The Board determined that the pre-trial conference statement and the parties' conduct indicated the issue was actively litigated, thus amending the prior order. The case is returned to the administrative law judge for a decision on the merits of the lien claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of whether the applicant's neck injury was industrial was sufficiently raised at the mandatory settlement conference, despite the initial disallowance of a lien for neck surgery. The Board determined that the pre-trial conference statement and the parties' conduct indicated the issue was actively litigated, thus amending the prior order. The case is returned to the administrative law judge for a decision on the merits of the lien claim.
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