CompFox AI Summary
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The WCJ initially dismissed the lien for non-appearance at a lien conference, but the lien claimant argued it was not properly served with the Notice of Intention to Dismiss (NOI). Although the NOI was served on the lien claimant's representative at the correct address, making service technically proper, the subsequent dismissal order was defectively served. However, this defect only made the reconsideration petition timely, and the Board denied the petition on its merits, adopting the WCJ's reasoning.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The WCJ initially dismissed the lien for non-appearance at a lien conference, but the lien claimant argued it was not properly served with the Notice of Intention to Dismiss (NOI). Although the NOI was served on the lien claimant's representative at the correct address, making service technically proper, the subsequent dismissal order was defectively served. However, this defect only made the reconsideration petition timely, and the Board denied the petition on its merits, adopting the WCJ's reasoning.
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