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Lien claimant, Anthem Blue Cross, sought reconsideration of an order dismissing its lien due to a single non-appearance at a hearing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the dismissal was based on mistake, inadvertence, and excusable neglect. The WCAB emphasized the policy favoring hearings on the merits and noted the lien claimant's presence at the district office on the hearing date, its lack of prior similar conduct, and a sincere apology. Consequently, the WCAB rescinded the order dismissing the lien.
Full Decision Text1 Pages
Lien claimant, Anthem Blue Cross, sought reconsideration of an order dismissing its lien due to a single non-appearance at a hearing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the dismissal was based on mistake, inadvertence, and excusable neglect. The WCAB emphasized the policy favoring hearings on the merits and noted the lien claimant's presence at the district office on the hearing date, its lack of prior similar conduct, and a sincere apology. Consequently, the WCAB rescinded the order dismissing the lien.
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