What the panel ordered
WCAB rescinded the November 28, 2021 Award and returned the matter to the trial level for further proceedings consistent with the decision
Petition for Reconsideration filed by lien claimant CCPOA Benefit Trust Fund challenging Award approving settlement between applicant and SCIF; WCJ recommended denial; WCAB rescinded Award and returned matter for further proceedings
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.
CCPOA was aggrieved by the Award approving the settlement because the lien was included in the settlement, giving it standing to challenge; CCPOA was denied due process because it was not served with the proposed Stipulations or the Award, depriving it of the opportunity to argue its lien rights; the Petition for Reconsideration was timely filed after CCPOA first received notice of the Award; therefore, the WCJ's Award was rescinded and the matter returned for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The parties stipulated that defendant would be held harmless against CCPOA's lien and applicant would resolve the lien separately, including the lien in the settlement.
Favours Applicant prevailed