WCPanelIQ
PanelLienDismissed

Lopez, Martin

MARTIN LOPEZ, Applicant vs. EDELBROCK LLC., TRAVELERS, INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ15247947
Decision date
Jun 22, 2025
District office
Long Beach
WCJ
—
Claim administrator
Travelers; Insurance Company of the West (ICW Group)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: multiple body parts

LC §5909LC §5900LC §5803LC §5701LC §5702LC §5906CCR §10875CCR §10888

Summary

Lien claimant Cal State Interpreting, through hearing representative Collective Resources Long Beach, failed to appear at a February 20, 2025 lien conference due to an alleged calendaring error. The WCJ issued a Notice of Intention to Dismiss and then dismissed the lien on April 8, 2025 for nonappearance under CCR 10875. Lien claimant sought reconsideration, asserting it was in the process of filing an objection to the NIT when it received the dismissal order, and that its failure to appear was due to excusable neglect. The Board concluded that lien claimant must be given an opportunity to demonstrate why the order should be vacated, citing due process protections and the policy favoring hearings on the merits. Rather than ruling on the merits, the Board dismissed the petition for reconsideration and returned the matter to the trial level to treat the petition as one to set aside the dismissal order.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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