What the panel ordered
Petition for Reconsideration granted; Order of Dismissal of Mednet Inc.'s lien is vacated.
Lien claimant Mednet Inc. petitioned for reconsideration of an Order of Dismissal of its lien, which the WCJ had issued for alleged non-appearance at a lien conference. The WCAB reviewed the petition, the WCJ's report, and the record.
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 Order of Dismissal was void because there was no proper notice of intention to dismiss as required by WCAB Rule 10888, and no evidence that lien claimant had notice of the hearing or failed to appear. The order also used improper 'self-destruct' language and lacked a proper evidentiary record.
From the decision · page 5Therefore, the Order of Dismissal is void because there was no proper notice of intention to dismiss as required by WCAB Rule 10888, subdivisions (c) and (e). It is also void because the language of the Order is not based on a proper evidentiary record.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.