CompFox AI Summary
The lien claimant's Petition for Reconsideration was dismissed because it sought review of a dismissal by operation of law, which is not a final order subject to reconsideration. The Appeals Board granted removal to address the issue of whether the lien claimant timely filed a required declaration under Labor Code section 4903.05(c). This action is based on the principle that parties have a right to due process and a hearing to prove timely filing. The case is returned to the trial level for further proceedings on the timeliness of the declaration.
Full Decision Text1 Pages
The lien claimant's Petition for Reconsideration was dismissed because it sought review of a dismissal by operation of law, which is not a final order subject to reconsideration. The Appeals Board granted removal to address the issue of whether the lien claimant timely filed a required declaration under Labor Code section 4903.05(c). This action is based on the principle that parties have a right to due process and a hearing to prove timely filing. The case is returned to the trial level for further proceedings on the timeliness of the declaration.
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