CompFox AI Summary
The Appeals Board granted the lien claimant's Petition for Removal, finding that the WCJ erred by ordering the matter off calendar due to non-reimbursement of a vacated award. There is no statutory basis to require reimbursement of a rescinded award as a prerequisite to trial, and the Appeals Board found such a requirement would violate constitutional policies of substantial justice. The case is returned to the trial level for proceedings on the lien claimant's lien.
Full Decision Text1 Pages
The Appeals Board granted the lien claimant's Petition for Removal, finding that the WCJ erred by ordering the matter off calendar due to non-reimbursement of a vacated award. There is no statutory basis to require reimbursement of a rescinded award as a prerequisite to trial, and the Appeals Board found such a requirement would violate constitutional policies of substantial justice. The case is returned to the trial level for proceedings on the lien claimant's lien.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.