What the panel ordered
Petition for Reconsideration granted; Joint Order Dismissing Lien dated September 4, 2024, rescinded; matter returned to district office for further proceedings.
Petition for Reconsideration of Joint Order Dismissing Lien filed by lien claimant Eric Gofnung Chiropractic Corporation, challenging dismissal for failure to appear at lien conference.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the lien claimant's failure to appear was due to excusable neglect and illness of the representative, and that the dismissal order was defective due to lack of proper notice to the representative, warranting reconsideration and rescission of the dismissal order.
From the decision · page 1Lien claimant Eric Gofnung Chiropractic Corporation (Gofnung) has petitioned for reconsideration of the Joint Order Dismissing Lien without prejudice (Order Dismissing) dated September 4, 2024, wherein the workers' compensation administrative law judge (WCJ) ordered the lien dismissed after lien claimant failed to appear at the lien conference of June 19, 2024, and failed to object to the Notice of Intention (NIT) to dismiss.