CompFox AI Summary
The Workers' Compensation Appeals Board denied a petition for reconsideration from Daydream Acupuncture, Inc. The lien claimant's lien was dismissed by the WCJ for failure to appear at a lien conference. The Board found that the lien claimant's explanation of a scheduling error, sending documents to the wrong office, did not constitute excusable neglect or mistake under Code of Civil Procedure § 473(b). The Board also noted the defense had no obligation to ensure the lien claimant's attendance.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a petition for reconsideration from Daydream Acupuncture, Inc. The lien claimant's lien was dismissed by the WCJ for failure to appear at a lien conference. The Board found that the lien claimant's explanation of a scheduling error, sending documents to the wrong office, did not constitute excusable neglect or mistake under Code of Civil Procedure § 473(b). The Board also noted the defense had no obligation to ensure the lien claimant's attendance.
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