Lien claimant Golden State Sports Injury Northridge filed a $2,359.05 lien in a cumulative trauma claim that was resolved by Compromise & Release in 2019. After being present at a March 30, 2021 lien conference (which was continued to May 19, 2021), the lien claimant failed to appear at the continued conference, prompting a Notice of Intention to Dismiss and ultimately an Order Dismissing the Lien on June 14, 2021. The lien claimant petitioned for reconsideration, arguing it never received notice of the hearing and seeking relief akin to Code of Civil Procedure section 473. The WCAB denied reconsideration, adopting the WCJ's report which found no good cause for the non-appearance because the claimant was the moving party, had actual knowledge of the continued hearing date from its presence at the prior conference, and was presumed to have received properly mailed notices.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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