CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien claim. The dismissal was based on the lien representative's failure to appear at a lien conference. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge explaining the excusable neglect, such as a computer error, that caused the representative's absence. This affidavit must demonstrate facts sufficient to establish mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien claim. The dismissal was based on the lien representative's failure to appear at a lien conference. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge explaining the excusable neglect, such as a computer error, that caused the representative's absence. This affidavit must demonstrate facts sufficient to establish mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473.
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