Kenney, Kimberly

Lien claimant Firstline Health, Inc. dba U.S. Health & Orthopedics sought reconsideration of an October 18, 2023 Order of Adverse Inference Re Costs, which assigned an adverse determination against all of its liens and ordered it to pay $1,800 in litigation costs to liaison counsel for willfully failing to comply with the WCJ's May 23, 2023 order to file a verified statement of lien ownership/assignment. The Board found the underlying May Order contained no date certain for response, that the subsequent August OSC and September NIT mischaracterized the order (substituting 'entities' for 'person'), and that the WCJ ignored the lien claimant's actual August 22, 2023 OSC Response (containing a sworn declaration that no liens were assigned). The Board held that the cumulative deficiencies deprived lien claimant of due process and a fair hearing. The Board granted reconsideration, rescinded the Order, and returned the matter to the trial level. The Board also clarified that lien ownership is not a relevant question in these consolidated Labor Code section 4615 stay proceedings, though 'control' under section 139.21 may be.