What the panel ordered
The April 15, 2020 Order Dismissing Lien Claim or Lien Balance was rescinded and the matter was returned to the WCJ for further proceedings consistent with the opinion.
Petition for Reconsideration of Order Dismissing Lien Claim or Lien Balance filed by lien claimant PCT Medical Services was granted for further study; the WCJ's dismissal order was rescinded and the matter was returned to the WCJ for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The lien claimant's failure to produce a valid Notice of Representation at lien trial was due to mistake and excusable neglect, and the dismissal was not mandated by the rules; the lien claimant promptly sought relief and attempted to remedy the deficiency, so the dismissal order was rescinded and the matter returned for further proceedings.
From the decision · page 8Here, as in Fox, supra, lien claimant's failure to appear at a hearing where its presence was mandated resulted in the dismissal of the underlying lien claim. And here, as in Fox, lien claimant seeks relief under section 473(b), averring mistake and excusable neglect in its failure to have a valid notice of representation available as a prerequisite to the appearance of a non-attorney representative at lien trial. (Petition, at 4:27.)