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This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a required activation fee. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed untimely, outside the statutory 20-day window after service. Furthermore, even if timely, the petition would have been dismissed for failure to serve all adverse parties and file proof of service. The WCAB noted the lien activation fee was, in fact, paid prior to the dismissal, but this did not cure the procedural defects of the petition.
Full Decision Text1 Pages
This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a required activation fee. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed untimely, outside the statutory 20-day window after service. Furthermore, even if timely, the petition would have been dismissed for failure to serve all adverse parties and file proof of service. The WCAB noted the lien activation fee was, in fact, paid prior to the dismissal, but this did not cure the procedural defects of the petition.
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