Home/Case Law/MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Aug 23, 2010
San Francisco
ADJ2200491 (OXN 0142346)

CompFox AI Summary

The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.

Full Decision Text1 Pages

The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.

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