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The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a decision that invalidated a lien claimant's subpoenas and imposed sanctions. The WCAB found that while the lien claimant's service of subpoenas was defective, it did not cause prejudice or violate due process, as the defendant had notice and opportunity to object. Therefore, the subpoenas were deemed valid and the lien claimant's lien can proceed. The WCAB rescinded the original orders and returned the matter to the trial level for further proceedings to analyze the lien claim and revisit the sanctions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a decision that invalidated a lien claimant's subpoenas and imposed sanctions. The WCAB found that while the lien claimant's service of subpoenas was defective, it did not cause prejudice or violate due process, as the defendant had notice and opportunity to object. Therefore, the subpoenas were deemed valid and the lien claimant's lien can proceed. The WCAB rescinded the original orders and returned the matter to the trial level for further proceedings to analyze the lien claim and revisit the sanctions.
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