CompFox AI Summary
The Appeals Board granted the lien claimant's Petition for Removal, reversing the WCJ's order to take the case off calendar. The WCJ had prematurely declared lien conferences premature despite a stipulated Award resolving the applicant's injury and agreeing to pay all liens of record, including the claimant's. The Board found the lien claimant's claim for services rendered prior to the Award ripe for resolution, even with a pending petition for new and further disability. Therefore, the case is returned to the trial level for a lien trial.
Full Decision Text1 Pages
The Appeals Board granted the lien claimant's Petition for Removal, reversing the WCJ's order to take the case off calendar. The WCJ had prematurely declared lien conferences premature despite a stipulated Award resolving the applicant's injury and agreeing to pay all liens of record, including the claimant's. The Board found the lien claimant's claim for services rendered prior to the Award ripe for resolution, even with a pending petition for new and further disability. Therefore, the case is returned to the trial level for a lien trial.
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