Johnson, Michael

Lien claimant Comprehensive Orthopedic Care Center, P.C. (CCOC) sought reconsideration of a December 22, 2022 order joining it into consolidated proceedings investigating whether liens connected to Edward Komberg, D.C. are subject to the automatic stay under Labor Code section 4615. The WCAB dismissed the petition for reconsideration because a joinder order is interlocutory and not final, then treated the petition as one for removal. The Board found that the Joinder Order was issued only 9 days after service of the Joinder Petition, violating the 10-day notice period in WCAB Rule 10382, rendering it void ab initio and depriving CCOC of due process. The Board granted removal, rescinded the Joinder Order as void ab initio, and returned the matter to the trial level for further proceedings consistent with Rule 10382. The Board also noted that any future valid joinder would not constitute an improper de facto stay under section 4615 but would represent defendants' legitimate effort to meet their burden of proving fraud.