Bennett, Alexis

Lien claimant John Ogai, M.D., sought reconsideration of a December 14, 2021 Stipulation and Order approving payment of $900.00 on his claimed lien balance of $5,412.50 for a supplemental medical-legal evaluation. Dr. Ogai contended he was never informed of the MSC or trial dates, that his address on the Official Address Record was incorrect, and that he did not authorize his hearing representative to settle the lien for $900.00. The WCAB found that no record was created at the December 14, 2021 lien trial (which was taken off calendar at the joint request of the parties), creating a Hamilton problem that made reconsideration premature. The Board vacated its prior order granting reconsideration, dismissed the Petition as premature, and returned the matter to the trial level so the WCJ could treat the Petition as one to set aside the Stipulation and Order, develop a record, and permit the parties to present evidence.