CompFox AI Summary
The WCAB granted CCPOA's Petition for Removal, rescinded the WCJ's order taking CCPOA's lien off-calendar, and returned the matter for further proceedings. The WCJ erred by incorrectly stating a lien requires applicant consent and by failing to allow CCPOA due process to argue its lien's validity. While the WCJ raised potential issues regarding ERISA preemption and statutory authorization for the lien, the Board found these require further development at the trial level. CCPOA must still present evidence and argument to establish its lien under Labor Code sections 4903 and 4903.1.
Full Decision Text1 Pages
The WCAB granted CCPOA's Petition for Removal, rescinded the WCJ's order taking CCPOA's lien off-calendar, and returned the matter for further proceedings. The WCJ erred by incorrectly stating a lien requires applicant consent and by failing to allow CCPOA due process to argue its lien's validity. While the WCJ raised potential issues regarding ERISA preemption and statutory authorization for the lien, the Board found these require further development at the trial level. CCPOA must still present evidence and argument to establish its lien under Labor Code sections 4903 and 4903.1.
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