Tututi, Dalila

Lien claimant PCT Medical Services sought reconsideration of a WCJ's April 15, 2020 Order Dismissing its lien with prejudice for failure to appear at the January 7, 2020 lien trial. The non-attorney representative, Ms. Hernandez, ostensibly appeared but could not produce a compliant Notice of Representation under WCAB Rules 10751 and 10868, and no exhibits were on file. The WCJ deemed lien claimant not present and dismissed the lien, rejecting its CCP section 473(b) objection for lack of good cause. The Appeals Board, relying on Fox v. WCAB, held that section 473(b) relief is available to lien claimants and that dismissal is not a mandated remedy under the applicable Rules. Finding lien claimant promptly attempted to cure the deficiency by filing a (albeit imperfect) Notice of Representation the same day, and favoring disposition on the merits, the Board rescinded the dismissal and returned the matter to the WCJ for further proceedings.