CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration for lien claimant Dr. Habibi, rescinding a prior order that dismissed his lien with prejudice. The Board found that Dr. Habibi was not afforded due process, as there was no evidence he was properly served with notice of the lien conference or the notice to dismiss. Furthermore, Dr. Habibi alleged ongoing settlement negotiations with the defendant at the time the lien was dismissed, which was not rebutted. The case is returned to the trial level for further proceedings on the lien.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration for lien claimant Dr. Habibi, rescinding a prior order that dismissed his lien with prejudice. The Board found that Dr. Habibi was not afforded due process, as there was no evidence he was properly served with notice of the lien conference or the notice to dismiss. Furthermore, Dr. Habibi alleged ongoing settlement negotiations with the defendant at the time the lien was dismissed, which was not rebutted. The case is returned to the trial level for further proceedings on the lien.
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