JUAN NAVA vs. OWENS CORNING, GALLAGHER BASSETT
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order that intended to dismiss MD Tox Laboratories' lien. The WCAB found that MD Tox Laboratories had not actually filed a lien in the subject cases, nor were they a party at the time of the lien conference, thus rendering the dismissal order invalid. Since no lien was filed, MD Tox Laboratories was not subject to lien activation fees or obligated to appear at the conference. The WCAB clarified that MD Tox Laboratories may file a lien if it is still timely and accompanied by the proper fees.