CompFox AI Summary
This case concerns a lien claimant, Dr. David Brendel, whose lien was dismissed by a WCJ for non-appearance and failure to respond to a Notice of Intention to Dismiss. Dr. Brendel argues he was never properly served with the Notice due to an incomplete address on the defendant's proof of service. Subsequently, another WCJ acknowledged the improper service and set the matter for a lien trial, only for that trial to be taken off calendar. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings on Dr. Brendel's lien claim.
Full Decision Text1 Pages
This case concerns a lien claimant, Dr. David Brendel, whose lien was dismissed by a WCJ for non-appearance and failure to respond to a Notice of Intention to Dismiss. Dr. Brendel argues he was never properly served with the Notice due to an incomplete address on the defendant's proof of service. Subsequently, another WCJ acknowledged the improper service and set the matter for a lien trial, only for that trial to be taken off calendar. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings on Dr. Brendel's lien claim.
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