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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing lien claims. The WCJ improperly dismissed the liens without issuing a ten-day notice of intention as required by Board Rule 10562(d). However, the WCAB returned the matter to the trial level for consideration of sanctions under Labor Code section 5813, due to the lien claimants' failure to appear at a noticed conference. This is because their non-appearance, without a reasonable excuse, may constitute a bad-faith tactic.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing lien claims. The WCJ improperly dismissed the liens without issuing a ten-day notice of intention as required by Board Rule 10562(d). However, the WCAB returned the matter to the trial level for consideration of sanctions under Labor Code section 5813, due to the lien claimants' failure to appear at a noticed conference. This is because their non-appearance, without a reasonable excuse, may constitute a bad-faith tactic.
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