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The Workers' Compensation Appeals Board granted reconsideration and rescinded the administrative law judge's order dismissing the lien claimant's claim. The Board found that the lien claimant was not properly served with notice of the intention to dismiss and returned the matter to the trial level for further proceedings. The Board also noted that while a notice of intention to award attorney's fees is not a final order, the lien claimant's failure to appear at trial may warrant sanctions under Labor Code section 5813 if not reasonably excused.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the administrative law judge's order dismissing the lien claimant's claim. The Board found that the lien claimant was not properly served with notice of the intention to dismiss and returned the matter to the trial level for further proceedings. The Board also noted that while a notice of intention to award attorney's fees is not a final order, the lien claimant's failure to appear at trial may warrant sanctions under Labor Code section 5813 if not reasonably excused.
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