CompFox AI Summary
Resource Pharmacy petitioned for removal after its lien was dismissed due to a clerical error in listing the wrong lien reservation number on a required declaration. The Appeals Board dismissed the petition for removal, finding that the issue of whether to correct the error and remove the dismissal notation should be addressed first by a Workers' Compensation Judge. This approach aligns with due process rights, ensuring the lien claimant receives a hearing on whether relief under Code of Civil Procedure section 473 is warranted. The Board emphasized the policy favoring hearings on the merits when a party demonstrates excusable neglect.
Full Decision Text1 Pages
Resource Pharmacy petitioned for removal after its lien was dismissed due to a clerical error in listing the wrong lien reservation number on a required declaration. The Appeals Board dismissed the petition for removal, finding that the issue of whether to correct the error and remove the dismissal notation should be addressed first by a Workers' Compensation Judge. This approach aligns with due process rights, ensuring the lien claimant receives a hearing on whether relief under Code of Civil Procedure section 473 is warranted. The Board emphasized the policy favoring hearings on the merits when a party demonstrates excusable neglect.
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