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The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was disallowed without a hearing, finding the administrative law judge's (ALJ) order to be procedurally defective. The WCAB held that the claimant was entitled to due process, including notice and an opportunity to be heard on the merits of their claim, which was not afforded. Consequently, the WCAB rescinded the disallowance order and returned the case to the trial level for further proceedings, also noting the possibility of sanctions for the claimant's failure to appear.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was disallowed without a hearing, finding the administrative law judge's (ALJ) order to be procedurally defective. The WCAB held that the claimant was entitled to due process, including notice and an opportunity to be heard on the merits of their claim, which was not afforded. Consequently, the WCAB rescinded the disallowance order and returned the case to the trial level for further proceedings, also noting the possibility of sanctions for the claimant's failure to appear.
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