CompFox AI Summary
This case concerns a lien claimant, Dr. Burstein, who sought reconsideration after his lien was dismissed by the Workers' Compensation Judge. The dismissal was based on Dr. Burstein's repeated failure to appear at multiple scheduled hearings, despite receiving a Notice of Intent to Dismiss. While Dr. Burstein argued for relief under CCP § 473 and WCAB Rule 10866, citing clerical error and inadvertence, the Appeals Board found his explanations unconvincing. The Board concluded that Dr. Burstein failed to provide good cause for his multiple no-shows and denied his petition for reconsideration.
Full Decision Text1 Pages
This case concerns a lien claimant, Dr. Burstein, who sought reconsideration after his lien was dismissed by the Workers' Compensation Judge. The dismissal was based on Dr. Burstein's repeated failure to appear at multiple scheduled hearings, despite receiving a Notice of Intent to Dismiss. While Dr. Burstein argued for relief under CCP § 473 and WCAB Rule 10866, citing clerical error and inadvertence, the Appeals Board found his explanations unconvincing. The Board concluded that Dr. Burstein failed to provide good cause for his multiple no-shows and denied his petition for reconsideration.
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