CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by lien claimants whose liens were dismissed for failure to appear at a continued hearing. The WCAB found that the lien claimants had actual notice of the October 1, 2015 hearing date, as their representative was present at a September 18, 2015 conference where the adjournment was announced. Their claim of denial of due process due to lack of written notice was rejected because their own representative's inadvertent failure to calendar the date constituted an internal error, not a lack of notice from the Board. The WCAB also admonished the lien claimants' representatives for failing to properly notify of a change in representation.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by lien claimants whose liens were dismissed for failure to appear at a continued hearing. The WCAB found that the lien claimants had actual notice of the October 1, 2015 hearing date, as their representative was present at a September 18, 2015 conference where the adjournment was announced. Their claim of denial of due process due to lack of written notice was rejected because their own representative's inadvertent failure to calendar the date constituted an internal error, not a lack of notice from the Board. The WCAB also admonished the lien claimants' representatives for failing to properly notify of a change in representation.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.