CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claimant's claim with prejudice. The dismissal was based on the claimant's failure to pay a lien activation fee prior to a scheduled lien conference, as required by a newly enacted law. However, the Appeals Board found that the claimant received an official notice for a Mandatory Settlement Conference (MSC) and not a lien conference. Therefore, the claimant should not be prejudiced for failing to comply with a requirement for a different type of hearing. The matter was returned to the trial level for further proceedings on the lien claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claimant's claim with prejudice. The dismissal was based on the claimant's failure to pay a lien activation fee prior to a scheduled lien conference, as required by a newly enacted law. However, the Appeals Board found that the claimant received an official notice for a Mandatory Settlement Conference (MSC) and not a lien conference. Therefore, the claimant should not be prejudiced for failing to comply with a requirement for a different type of hearing. The matter was returned to the trial level for further proceedings on the lien claim.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.